Old Bailey Proceedings, 11th May 1857.
Reference Number: t18570511
Reference Number: f18570511

CENTRAL CRIMINAL COURT

Sessions Paper.

FINNIS, MAYOR.

MINUTES OF EVIDENCE,

TAKEN IN SHORT-HAND BY

JAMES DROVER BARNETT

AND

ALEXANDER BUCKLER,

Short-hand Writers to the Court,

ROLLS CHAMBERS, No. 89, CHANCERY LANE.

VOLUME XLVI.

SESSION VII. TO SESSION XII.

LONDON:

BUTTERWORTHS, 7, FLEET STREET,

Law Publishers to the Queen's Most Excellent Majesty.

1856-7.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY,

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, May 11th, 1857, and following Days.

Before the Right Hon. THOMAS QUESTED FINNIS, Lord Mayor of the City of London; the Right Hon. Lord Campbell, Lord Chief Justice of Her Majesty's Court of Queen's Bench; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir George Bramwell, Knt., one of the Barons of Her Majesty's Court of Exchequer: John Humphery, Esq.; Sir John Musgrove, Bart.; Thomas Farncomb, Esq.; and Sir Francis Graham Moon, Bart., Aldermen of the said City: Ruxssell Gurney, Esq., Q. C., Recorder of the said City: Sir Robert Walter Carden, Knt., M. P.; David Williams Wire, Esq., F. R. S.; William Anderson Rose, Esq.; William Cubitt, Esq., M. P.; William Lawrence, Esq.; and Edward Eagleton, Esq., Aldermen of the said City: Thomas Chambers, Esq., Common Serjeant of the said City; and Michael Prendergast, Esq., Q. C., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

JOHN JOSEPH MECHI., Esq.,

FREDERICK KEATS., Esq.,

Sheriffs.

ALEXANDER CROSLEY., Esq.,

JAMES ANDERTON., Esq.,

Under-Sheriffs.

LIST OF JURORS.

First Jury.

John Francis Stone

Henry Churchill Lovegrove

Thomas Malyon

James Lilley

James Watkins

Godfrey Wolfe

John Mather Williams

Alfred Martin

John Charles Davis

William Hart

John Locke Lovebond

Charles Hayward

Second Jury.

William Hero Luckin

Thomas Layman

Charles James Webb

Thomas Lampin

Benjamin Wooller

Charles Wilson

George Lawes

Richard Taylor

Benjamin McGwire

Rodwin Rattler Simpson

Robert Smith

Reuben Brillman

Third Jury.

Ambrose Wilson

Charles Smithers

George Smith

David Mack

John Lucas

George Hamlin

Walter Spires

Edward Taylor

Charles Challis Taylor

Henry Wayland

George Frederick Lowe

Charles James Wm. Thomas

Fourth Jury.

Henry Major

William Lake

John Walker

Frederick Walter Jordan

Frederick Wagg

George Stewart Simm

George Neave

Joseph Saunders

Frederick Sangster

George Knapp

Elijah Spinks

James Walton

Fifth Jury.

George Young

John Kempton

John West

William Markham

George Webb

John Wheatley

Peter Ward

George James Wagstaff

Stephen Charles Taylor

John William Vaughan

George Taylor

John Lawrence

Sixth Jury.

Frederick Wade

Lambert Van Praagh

William Shorter

James Ray

Samuel Russell

John Wincott

John Weeks

Samuel Walker

Eyre Emberson

John Robert Westrop

John Smith

William Lock

Seventh Jury.

John Waybridge

Henry Maybee

William Marshall

Isaac Solomon

George Neave

John Walker

Frederick Jordan

Frederick Wragg

George Stewart Sims

William Saunders

Frederick Sangster

William Lake

Eighth Jury.

David Smith

William Thomas Sheffield

Charles William Sheffield

Samuel Sheen

William John Lockwood

Charles Haywood

Frederick Bayles Strange

John Wheatley

John Walker

William Lewis

John Thomas Berry

William Harris

Ninth Jury.

James Marshall

Matthew Hall

Henry Holmes

Benjamin Fisher

John Loveg

Charles Hayward

William West

Thomas Leadbitter

John Bradshaw

James Walker

Charles Wells

Frederick Bailey Strange

Tenth Jury.

Zebedee Willcox

John Hawkins

David Smith

Charles Gregory Sheffield

William John Wright

Thomas Trollope

William Thomas Sheffield

Francis Lane

Charles Wm. Henry Taylor

William John Lockwood

William Marriott

Robert Sheffield

CENTRAL CRIMINAL COURT.

FINNIS, MAYOR. SEVENTH SESSION.

A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, May 11th, 1857.

PRESENT—The Rt. Hon. the LORD MAYOR; Mr. Ald. FARNCOMB.; Mr. RECORDER.; Sir FRANCIS GRAHAM MOON., Bart., Ald.; Mr. Ald. ROSE.; and Mr. Ald. LAWRENCE.

Before Mr. Recorder and the first Jury.

Reference Number: t18570511-556

556. JOSEPH SKINNER (49) was indicted for a forcible entry: to which he

PLEADED GUILTY ., and entered into his own recognizances to appear and receive judgment if called upon.

Reference Number: t18570511-557

557. JOSEPH WILLIAMS , SENIOR. (39), Unlawfully neglecting to provide for and cleanse Joseph Williams, his imbecile son.

MR. SLEIGH. conducted the Prosecution.

WILLIAM JAMES LEWIS . I am landlord of the Earl of Aberdeen public house, which is next door to the defendant's house, Bridport-place, Hoxton. He lived there previous to my coming there, two years and a half ago—he is in the Post Office—I do not know what his income is—he occupies the whole house; I do not know the rent of it—he is married, and has six or seven children at home, and one is in a public institution, Christ Church—I have frequently noticed the boy who is now standing on the floor of the Court; I first noticed him about twelve months back; he is a little vacant, which attracted my attention, and two or three months after that I noticed that he was very dirty, and was frequently scratching his head, and destroying the vermin that fell from him—he continued under my observation from that time till Feb.—I communicated with the parish, but they took no notice; I communicated with them again about a fortnight afterwards, and next day the defendant came to my house after the authorities had been there—I said that I believed he was starving the boy; he said that he was doing no such thing, for he could assure me that he always cut

him off a dinner, and took it down to him when he was at home; I said, "You take it down to him?" he said, "Yes;" I said, "Do not you allow him at your table?"—he said, "Certainly not; no such dirty beast," or "dirty fellow;" I will not be certain which, but I believe "beast" is the correct word—the other children were in a healthy and wholesome condition, and the father also; they all lived comfortably, and appeared to be well fed and clothed.

Cross-examined by MR. RIBTON. Q. Do you know that in consequence of his duties at the Post Office, there are some days in the week that he leaves very early, and is away all day? A. I do not often see him, so I naturally expect that he is away—I do not know whether he is sometimes away all night—I think there are five children at home—my attention was first drawn to the boy when he came home, about twelve months ago; I believe he had been with his grandmother, some short way off; the other children were then at home, and the mother was living there—she has been removed lately—I believe she is insane—I have frequently noticed strange conduct with her; it is nearly two months since she was taken away from the house—the boy is the eldest child at home—there are three girls; the eldest of them appears about three years younger than the boy—the first time I spoke to the defendant about this was after I had spoken to the parochial authorities—I communicated with them, and they called at his house, and he came to me, and asked me if I had been interfering about his boy; I said that I had been to the police and to the workhouse, and told them that I believed he was starving his boy—he said that he always gave him a dinner when he was at home—I do not know who attended to the children when he was absent, unless the mother did; there was no servant that I saw—I had observed that the mother was eccentric for a long time before she went away—I have spoken to the boy; I merely told him to clean himself—I have seen him over the wall in the yard—he used to play with his brothers and sisters as well as he could—the first time I conversed with the father on this subject was when he called on me.

MR. SLEIGH. Q. Have you seen the father at home in the day time? A. Occasionally—I always found the boy rational enough, and very polite, more than I could expect—my wife was present at the conversation with the prisoner, and a Mr. Parr was standing at the bar; the conversation took place across the bar.

GEORGE CLAYTON . I am pot man to Mr. Lewis, and have been so nearly twelve months. I first observed the boy about eight months ago; he was then very dirty, and covered with vermin—from that time till Feb. last I saw him occasionally; he got worse and weaker every day—I saw the defendant about twice during that period, it was in the day time—the other children appeared well clothed and fed—I heard Mr. Lewis tell the defendant that he was trying to starve the child to death, and that he had been to the parish authorities concerning him; he said that he used to cut his dinner off, and take it down to him every day when he was at home; Mr. Lewis said, "Then does not he sit at your table?"—he said, "No, and no such dirty fellow."

Cross-examined. Q. Do you know that the defendant's duties at the Post Office take him out early? A. I do not—I have seen the boy playing about with the other children, and have frequently told his sister to take him in, and comb his head—she is thirteen or fourteen years old, and quite capable of doing it—I have told her that more than once—I have only seen the defendant twice, I never spoke to him about the boy—I have seen the boy's mother, and know that she was taken away ill, but I do not

know where to—she is very eccentric—I have never been in the defendant's house—he keeps no servants; the wife and the elder girl would be the persons who would attend to the household duties.

MR. SLEIGH. Q. The daughter to whom you spoke? A. Yes, and she said that she would have nothing to do with him.

WILLIAM ALBURY . I am a builder, and have been building, during the last summer, on the adjoining yard to the defendant's, and had a full view of his premises. I was engaged these in building for three months, and lived in the house after I built it—I have had opportunities of seeing the defendant and his family—I saw the boy up to Feb., until the parish sent to take him away; he seemed covered with vermin, and was very weak—I have known the defendant personally for some time—I have repaired his house for him, and he has paid me—I have never spoken to him about the condition of his boy—I have seen the boy foraging in the dust bin for food, and picking out small particles, and eating them—I cannot tell in what month that was, but he was generally there—I have seen him doing so several times, and eating what he got.

Cross-examined. Q. Are you aware that he is weak in his intellect? A. I thought him quite right—it was last summer that I saw him covered with vermin—the mother was generally sitting at the back parlour window; she did not appear to be attending to the business of the house—it is about a couple of months ago that I heard she was sent away—I do not know when the boy went away; I did not see him for some time before he went away—the last time I saw him covered with vermin and foraging in the dust was last year.

MR. SLEIGH. Q. I thought you said that you saw him continually until he was taken away by the parochial authorities? A. I did not see him for a week or two before he was taken away, or it might be two or three weeks—my business did not always take me to the garden wall—I think I saw him within three or four weeks of his being taken away—I can see into the defendant's premises from the house.

RIDLEY BARTLETT . I am assistant relieving officer of St. Leonard, Shoreditch. In consequence of information, I went, on 9th Feb., to the defendant's house between 12 and 1 o'clock in the day, and saw Mrs. Williams, but not the defendant or the boy—I went and saw the boy next day between 5 and 6 o'clock; I found him in the front kitchen or breakfast room—I asked the mother if she would go down with me; she said, "No, I am frightened of him"—we went down, and found him sitting in an arm chair; there was a small fire in the grate—he did not appear to have power to walk across the room—we examined him, and found vermin crawling about him—I asked to see the bed room; I went up, and directly the door was opened the stench was so great that we were obliged to wait and have the window opened before we went in—the room apparently had not been cleansed for months; it was in a filthy state; the floor was completely black with dirt—there was a flock bed in the room, with a hole in it where the flock had been gradually falling through—the bed was very filthy indeed—I believe there was a blanket, but it was in such a filthy state I did not like to touch it; it seemed to be full of vermin and dirt—I removed the boy to the workhouse, and saw him stripped; he was not only covered with vermin, but with sores—he was not able to walk there, we were obliged to have him conveyed in a cab—his clothes were very dirty—I called on the defendant that evening, Thursday, the 12th, and requested him to come to the workhouse on Friday, to see the Board,

to explain how it was that the boy was in such a state—I would not enter into any explanation with him—he came to the workhouse, and I was present at the interview—he told me last Session, over the way, that he was receiving 90l. a year.

Cross-examined. Q. Were you present when he attended before the Committee? A. Yes, but I was labouring under a severe cold; I was deaf, and heard nothing that was said; Mr. Nightingale, the clerk, was present—the defendant's is a six-roomed house; the top back room was the boy's; there was only one bed in it—I spoke to a man engaged in the same office as the defendant, who told me that he had occasionally to go away at 4 o'clock in the morning, but they change about.

THOMAS MAVEETY . (Police sergeant, N 43). On 10th Feb. I went with Mr. Bartlett to the defendant's house, and found the boy sitting in a chair in the kitchen, very weak and dirty, all covered with vermin—I opened his waistcoat, and saw vermin crawling on the breast of his shirt—there was a very small fire, not sufficient for the weather, which was very cold—the bed-room was very filthy, a flock bed was gathered into one corner, some of the slots were broken out, which allowed the flock to go under the bed, and it was strewed about the room—there was only one blanket, which was so dirty that you could hardly see whether it was sheet or blanket—it was covered with human dung—his toe nails were an inch long, and growing one into the other, as if they had not been out for years, and the was were crooked over.

BENJAMIN LETTICE . I am wardsman to the workhouse of St. Leonard, Shoreditch. I received the boy into the workhouse on 10th Feb., and took him into the bath room; he appeared more like a starved monkey than a Christian; I undressed him, and in his trowsers saw a great deal of dry soil; and, through the vermin eating him, he had scratched himself into holes—when I put him into the bath, he was so weak that I expected he was going to draw his last breath; he never made the least motion in the water—I put him to bed, and in about an hour he took some tea; he was under my care ten days, ate whatever was given to him, and improved—Mr. Clark, our medical gentleman, saw him next day.

JOSEPH ADAMS . I am barber to the workhouse. It was my duty to clean this lad, and cut his hair; his hair was very dirty all over, the back of it was an inch thick with vermin.

JAMES CLARK . I am a surgeon. I saw the boy on 11th Feb., he was in a very emaciated and reduced condition; his muscular frame was very much attenuated and shrunken, the ribs sticking out in relief; his legs were in the same state, his head was as described, his person and clothes were filled with vermin, and human excrement was on his trowsers and shirt—I believe him to be of weak intellect, but not an idiot altogether, brought into that state very much from want of proper food; and his weakness and prostration was induced by the dirty and filthy condition in which he was found—he would not have been in that state if he had been supplied with wholesome food—he now weighs 7 stone 4 lbs., and before he weighed only 6 stone 2 lbs.

Cross-examined. Q. Are children of weak intellect predisposed to have vermin on them? A. Where attention is not paid to cleanliness—they are not more disposed to it, but in very emaciated states there is a greater predisposition—I do not think the vermin are generated in the pores of the skin—I do not believe that there have been instances in grown persons where vermin are generated in the skin—there is not a medical term for it—I

have read of the morbus pedicularis, that is a predisposition to generate vermin in the skin, but I do not believe in it—I did not order the boy any medicine whatever, and am not aware that he had any—a little of what we call house medicine is kept in the ward in which he was placed, and if the attendants think a patient requires it, it is given to them.

Cross-examined. Q. Did there seem to have been any ointment used upon him? A. Certainly not—I saw him after he was put into the warm bath.

MR. SLEIGH. Q. Did he at any time present the appearance of any cutaneous disease? A. Yes, arising from scratching; from the lice—lice will produce a disease of the skin with pimples, if persons scratch—there is not the slightest generation of vermin on his skin now.

MR. RIBTON. Q. May persons be in an emaciated state of body, which is not caused by want of food? A. Where there is internal disease, but the boy was without disease—I have seen a number of cases where emaciation was not caused by want of food; disease of the mesenteric glands causes emaciation, but there was no disease in this boy.

COURT. Q. Supposing proper food was supplied to him, if he was kept in that state would he fail to derive nourishment? A. He would not derive so much nourishment; that would not produce emaciation to that extent by any means.

NOT GUILTY .

Reference Number: t18570511-558

558. HENRY HOWE (22) and DAVID WHITE (53) , Stealing 56 lbs. weight of lead, affixed to a building. 2nd COUNT., Feloniously receiving the same.

MR. PHILLIPS. conducted the Prosecution.

ELIZABETH SCOTT . I live at Uxbridge Common, adjoining some premises occupied by Mr. Heron. A few days before 8th April, I saw the building, and observed that it was all right—on the night of Wednesday, the 8th, I heard a noise outside the house, apparently from the building—on the Friday I saw that some lead had been taken from there—I informed my master.

Cross-examined by MR. COOPER. Q. Did you really see that the lead was there before the 8th? A. Yes; it was not in a rough state, torn away as it was on the 10th, or I should have remarked it—it is on a sort of lean-to adjoining the house.

RICHARD ROADKNIGHT . (Police sergeant, T 11) On Saturday, 11th April, in consequence of information, I went to a building occupied by Mr. George Rippon Heron, on Uxbridge Common—on Monday morning the constable Masters brought 56 lbs. of lead to me; I went with him and one of Mr. Heron's servants, and compared the lead with what remained on the building, and it exactly corresponded—White was in custody at this time; I heard him say that Harry Howe brought the lead to his house on the Friday night, after he was in bed—I took Howe into custody, and he was charged with being concerned with White in stealing some lead, which White was remanded for—he said he found it in Stransom's field—that is near where the lead was stoles from; he said White sold it for him, but he had not had any of the money—the prisoners live in the neighbourhood—I have the lead here, and the pieces that match it.

ELIZA CLARK . I live at Uxbridge, and am the wife of Tom Clark, a machinist; I assist a person, named Walters, a general dealer. On the morning of 9th April, White came to the shop, and said he had some lead for sale—(he had been the day before, and I had asked him his name, and he said John White)—I said to him, "Is your name John White?"—he said,

"Yes; all right"—he brought 10lbs. of lead next morning, and I gave him 1s. 3d.; on the Friday he brought 40 lbs., and I gave him 5s.; on the Saturday he brought 50 lbs., and my aunt paid him 6s. 3d. for that—I asked him if the lead was right, if he came by it honestly—he said, "Yes," it did not belong to him, a party gave it him to sell—on the Monday Masters came and made some inquiry about the lead, and I gave it up—it was in a basket like this produced.

Cross-examined. Q. You had bought lead in the mean time, I suppose? A. Yes; I did not place that with this—I am sure the basket I gave Masters contained the same lead I had from White.

WILLIAM HINTON JAMES . I live at Hillingdon, near Uxbridge. I know the premises from which this lead came; they belong to Mr. Richards, and are in the occupation of Mr. Rippon Heron.

STEPHEN MASTERS . (Policeman, T 199). On Monday, 13th April, I went to Eliza Clark—she produced some lead, which I took possession of, and have had it ever since—I went to Mr. Heron's premises, with sergeant Roadknight, and compared the lead with the place; it corresponded—I took White into custody—he said that Howe brought the lead to his house on the Friday night when he was in bed, and asked him to sell it for him, and he did sell it. (The prisoners received good characters.)

WHITE— NOT GUILTY .

HOWE— GUILTY. of stealing. Confined Six Months.

Reference Number: t18570511-559

559. MARTIN JENNINGS (31) , Stealing 28 lbs. weight of lead, value 7s.; the goods of William Brass, fixed to a building.

MR. ORRIDGE. conducted the Prosecution.

THOMAS BATTEN . I live at No. 8, Huggin Lane, Upper Thames Street On 10th. April, about half past 3 or a quarter to 4 o'clock, I saw the prisoner and another man on the top of the house, next to where I live—he was standing on the parapet, alongside some chimneys, with a rope in his hand; the other man was lying down in the gutter cutting the lead—I was at the top of our house, washing a box out, I could see them quite plainly—the other man saw me, and directly put down a piece of board that he had by his side—I saw the prisoner go away; he brought a long plank from the new building where he was employed, and put one end on the parapet, and the other end on the tiles, so as to walk backwards and forwards.

Cross-examined by MR. PAYNE. Q. What became of the other man? A. He escaped—the prisoner was taken, about ten minutes afterwards, at the house where he was, next door—I saw the prisoner on the roof, close to the other man, when he was cutting the lead—I had never seen him before.

RICHARD RICHARDS . I am foreman to William Brass, a builder, of Silver Street. We are employed building a warehouse at Bread Street Hill, within one house of Huggin Lane—the prisoner was employed there by me—he had no right to be on that house in Huggin Lane that day—on Friday, the 10th, about 3 or 4 o'clock in the afternoon, my attention was called to the top of that house by some men from the next warehouse—I went and examined the roof; I found the lead turned up, and beaten together with a hammer—there was about 28 lbs. of it—it laid just where it was cut—I found a plank there, leading from the building to the house.

Cross-examined. Q. Was there a guy to be tied up there? A. Yes, that was done before breakfast—the prisoner worked under a man named Carty—I do not know that he ordered the prisoner and another man to go up and take in the stack of the guy—the man who is gone away is named

Jarvis—I did not see the prisoner on those premises—he would have no occasion to be on the premises that day.

EDWIN HILL . (City policeman, 415). I took the prisoner into custody—he said he knew nothing about it.

GUILTY .— Confined Eighty Months.

Reference Number: t18570511-560

560. JAMES ADAMS (38) , Robbery, with others, on John Bruce Petrie, and stealing from his person 8 1/2 d., his moneys.

JOHN BRUCE PETRIE . I am master of the Tyneside. On 11th April last she was lying at Shad well—on that day, between 11 and 12 o'clock, I was on my way to the vessel, and as I was in the Milk Yard, some person came behind me, took hold of my throat, and strangled me; another person took hold of each arm, and put a foot in my back, and I went down on the ground—I was so strangled that I have spit blood ever since—I had about 9d. in my pocket, and missed 8 1/2 d.—I had some silver and a watch, but neither of them were taken—I did not see the one that held my throat, but I saw one on each side of me, but could not recognise their faces in the dark—I saw them running away, and saw a policeman take the prisoner, as I was getting up—I saw three persons running away, and the prisoner was one—I saw no other persons about—there were lamps on both sides—I was sober.

Prisoner. Q. Did the men run in different directions? A. At first they all ran one way, they then took different directions—I had had a glass of gin, but was as sober as I am now.

WILLIAM COTTLE . (Policeman, K 266). I was on duty in Milk Yard, and heard a man's hat fall off—I then heard some obscene language, and a rustling, and saw the prisoner and two men running towards me—I turned my light on, and said, "Halloo, what is the matter?"—he said, "Oh, nothing"—I tried to get another one, but could not—I got the prisoner, and led him back, and saw the prosecutor getting up, and beginning to sing out "Police!" and "Murder!" his small clothes were all unbuttoned, and his waistcoat open—the prisoner said, "I have had nothing to do with those two running"—I do not think the prosecutor could see me lay hold of the prisoner, as it was under a dark wall, but he might see my lamp when I turned it on—he was in a most excited state, so that I could scarcely say whether he was sober—he was asked if he had lost anything—he said, "No," at first, but afterwards said, "I have lost some coppers out of my pocket"—I am quite sure there was nobody near Milk Yard, but the three persons running, and me, and the prosecutor, because there were four lamps between where the prosecutor lay and me—I had met nobody before; it is only a narrow footway, and you can hear anybody from one end to the other, if they only cough.

GUILTY . (John Salmon, a cabinet maker, of No. 1, Tent Street, Mile End, gave the prisoner a good character; but Police sergeant Jackson stated that he had for six years been the associate of thieves, and that twenty of his associates had been transported.)— Transported for Fourteen Years.

Reference Number: t18570511-561

561. JOHN BOX (35) , Feloniously marrying Sarah Jenkins, his wife being alive: to which he

PLEADED GUILTY .— Confined Twelve Months.

Reference Number: t18570511-562

562. HENRY JOHN WATTS (20) , Stealing 5 spoons, 4 forks, and 1 card case, value 5l. 10s.; the goods of William Grieve: also, 1 watch and other goods, value 30l. of Eliza Woodall, in her dwelling house: having been before convicted: to which he

PLEADED GUILTY .— Six Years Penal Servitude.

Reference Number: t18570511-563

563. GEORGE HAYWARD (19) , Stealing 1 watch, 1 ring, and 1 handkerchief, value 26s.; the goods of Robert Spencer, his master: to which he

PLEADED GUILTY .— Confined Six Months.

Reference Number: t18570511-564

564. THOMAS BAKER (21) , Feloniously uttering a forged request for the delivery of goods: also, for obtaining goods by false pretences: having been before convicted: to which he

PLEADED GUILTY .— Confined Eighteen Months.

NEW COURT.—Monday, May 11th, 1857.

PRESENT—Mr. Ald. FARNCOMB.; Sir FRANCIS GRAHAM MOON., Bart., Ald.; Mr. Ald. ROSE.; Mr. Ald. EAGLETON.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18570511-565

565. GEORGE WAKLING (19) , Stealing 22l. 3s. 3d.; the moneys of Frederick Cadogan and others, his masters: to which he

PLEADED GUILTY., and received a good character.—Recommended to mercy. Confined Four Months.

Reference Number: t18570511-566

566. JOHN MCNAIR (34) , Unlawfully attempting to obtain 12l.; the moneys of Henry Levi Keeling, by false pretences: to which he

PLEADED GUILTY .— Confined Four Months.

Reference Number: t18570511-567

567. ELIZABETH BRETT (25) , Stealing 1 pepper box, 1 butter boat, 4 spoons, and other articles, the goods of Samuel Staniland, her master: to which she

PLEADED GUILTY .— Six Years Penal Servitude.

(The prosecutor stated that his loss amounted to 30l.)

Reference Number: t18570511-568

568. THOMAS BERRY (39) , Stealing 1 watch, and other Articles; the goods of William Brumfitt Storr and another, his masters: to which he

PLEADED GUILTY .— Four Years Penal Servitude.

Reference Number: t18570511-569

569. JOHN FREE (19) , Burglariously breaking and entering the dwelling house of James Thomas Burton, and stealing therein 56 brushes, and other goods, value 6l. 11s.; his goods: also, burglariously breaking and entering the dwelling house of John Thomas Barr, with intent to steal: to which he

PLEADED GUILTY .— Confined Eighteen Months.

Reference Number: t18570511-570

570. MICHAEL ILARD (23) , Stealing 1 saddle, value 3l.; the goods of John Tallett, his master.

ALEXANDER BBINTON . I am foreman to Mr. John Tallett, No. 129, Piccadilly, a horse dealer. The prisoner was in his employ, as helper in the stable—the policeman showed me a saddle, which I know to be Mr. Tallett's—I had seen it safe about 5 o'clock on the Saturday afternoon—the policeman showed it to me in the evening—it is worth about 3l.

Prisoner. Q. Do you think I took it with the intention of going away with it? A. I do not know—it was found at the pawnbroker's—I had known you for twelve months.

COURT. Q. Where was the saddle when you saw it last? A. It was in the saddle room, to which the prisoner could get access without trouble.

ROBERT MARTIN . (Policeman, C 86). On Saturday night, 11th April, about 11 o'clock, the prisoner came to me in the street, and said he had been to a pawnbroker's shop to pawn a saddle, and they would not let him

have it, or the money, without a policeman—I went with him to a pawnbroker's in Gilbert Street, and they said they thought the prisoner did not come by the saddle honestly, and they gave it up to me, that I might do as I liked with it—I asked the prisoner where he got it—he said, from Overton Square, from some gentleman that he had been working for previously, who was in reduced circumstances, and gave him this saddle to pawn for money—I told him he must go to the station—I took him there, and he there stated that he took the saddle from Mr. Tallett's, to raise some money to carry him through till Monday, and he intended to replace it.

Prisoner's Defence. On the Saturday night I took the saddle, with the intention of pawning it till Monday, when I was going to see my sister; I intended to replace it on Monday, knowing it could not be wanted before that; I took it to the pawnbroker's, and he said, was it my own? I said, "No; "he said that he would not return it till the owner came; I went out and spoke to the policeman, and he went with me; it is not likely I should give myself in charge to a policeman if I meant to steal it.

GUILTY .—The prisoner was further charged with having been before convicted.

VINCENT GUMMER . (Police sergeant, C 21). I produce a certificate of the prisoner's former conviction—(Read; "Central Criminal Court, July, 1854: Michael Healey, convicted of breaking and entering a dwelling house, and also for stealing spirits and money of his master; confined twelve months for the first offence, and three months for the second—the prisoner is the man—I was present.

GUILTY.— Confined Twelve Months.

Reference Number: t18570511-571

571. ROBERT MALONEY (14) , Stealing 1 handkerchief value 2s.; the goods of Charles Callow, from his person.

CHARLES CALLOW . I am independent; I live in Oldington Square, Brompton. I was in Leadenhall Street on 30th April, about half past 11 o'clock in the morning, coming towards Gracechurch Street—I felt a pull at my pocket—I put my hand there, and my handkerchief was gone—I turned, and saw the prisoner within a few yards of me, and no one else near me—he was just crossing, and when I looked at him he began to run—I followed him—he went across, and turned round a wagon, and I saw him with my handkerchief in his hand—he was trying to force it on a little boy who was holding some placards—the boy refused his attempt to put it into his pocket—after running round the wagon two or three times, the prisoner went away—I ran and seized him—I got my handkerchief either from him or from the other boy; I think from him—I kept tight hold of his collar till the policeman came, and I gave him in charge—he said it was not him that took the handkerchief, it was another boy that took it—I said, "You rascal, you have taken my handkerchief—he said, "It was not me; it was another boy; "but he said afterwards, "Pray forgive me"—I took him back to the little boy, who said, "He wanted to give me the handkerchief."

Prisoner. The other boy gave me the handkerchief; I went away, and this gentleman came after me.

COURT. Q. How far was the prisoner from you when you first saw him? A. Not three yards—there was no one near me but him—he was just crossing the road—when he saw my eye upon him he bolted, and I ran after him.

HENRY MCCRIE . I was carrying a placard on 30th April—I saw the prisoner following this gentleman; he took his handkerchief out of his pocket—he came towards me, and offered me the handkerchief.

Prisoner. This boy gave me the handkerchief; the gentleman ran after me; I gave him the handkerchief; he took me by the collar, and gave me in charge to the policeman.

GUILTY .— Confined Fourteen Days, and to be sent to the Hammersmith Reformatory.

OLD COURT.—Tuesday, May 12th, 1857.

PRESENT—Mr. Ald. HUMPHERY.; Mr. Ald. FARNCOMB.; Mr. RECORDER.; and Mr. Ald. EAGLETON.

Before Mr. Recorder and the Second Jury.

Reference Number: t18570511-572

572. FREDERICK BERKHEAD (33) , Embezzling the sums of 14l. 19s. and 6l.; the moneys of Rudolph Ranch, his master: to which he

PLEADED GUILTY .— Four Years Penal Servitude. (The prosecutor stated that his losses amounted to 140l.)

Reference Number: t18570511-573

573. WILLIAM WALDERN (25) , Robbery on Charles Jackson, and stealing from his person 1 purse, and 1l. 7s. in money, his property.

MR. LILLEY. conducted the Prosecution.

THOMAS GEE . I am twelve years old, and live with my father, at No. 26, Cumberland Street On 3rd April, about 6 o'clock in the evening, I was in Cumberland Street, near King's Head Court, and saw Mr. Jackson there, and the prisoner, and another young man, with a white jacket on, holding him up—he was very nearly on the ground, he was drunk—I saw the prisoner take a purse out of his hand, and the other one took a watch out of his pocket—they then stood him up against the wall, and searched his pockets—the prisoner went away—the other one stopped with him for a little time, and then he went away in the same direction, about three minutes afterwards, and I followed him to several beer shops; but before that he went to an apple stall, and bought some apples and oranges—I saw him counting the money, up Eyre Street—they were then both together.

Cross-examined by MR. PAYNE. Q. Was it nearer 6 than 7 o'clock? A. It was nearer 7 than 6 o'clock—it was near Worship Street police court—I do not think Mr. Jackson had his senses—he did not resist or strike either of them—he had the purse in his right hand—it was a black purse, with a steel top—it was snatched out of his hand while they were leading him along—there was a chandler's shop opposite, which was open, all but the door—one of the men went away three minutes before the other, but they both came together again as soon as they got to the bottom of the street, where some people stopped me, and I ran down Quaker Street, and saw them both together—I had seen the prisoner several times before, in bricklayer's clothes, in Long Alley, and am quite sure he is the person—it is about six months ago since I saw him—I never spoke to him—I never saw another man like him—I knew him directly I saw his face—I saw a policeman in Holy well Lane, about 8 o'clock the same night and told him—the prisoner was then in a beer shop, and was taken into custody—they were both together when they bought the apples, and then they went to a beer shop in Club Row—I have had no quarrel with the prisoner—he has never hit me—my master is a carver, in Cumberland Street.

CHARLES JACKSON . I am a dyer, and live at No. 23, Milton Street. On 5th April, between 3 and 4 o'clock in the afternoon, I went into the Woolpack

public house, Half Moon Street, Bishopsgate, with a friend—I was sober—I saw the prisoner there and another man, who had on a flannel jacket and a cap—we had two pots of porter; three of us drank out of it, and the prisoner and his mate were asked to drink out of it, and did so—I do not remember coming out of the public house—I found myself in the station house—I had a watch when I went in, and a purse, containing a sovereign in the small compartment, and 7s. or 8s. in the other part—it was safe when I took it out to pay for the beer—when I recovered my senses at the station, I had neither watch, purse, or money—my watch guard was round my neck, and the key attached to it was inside my waistcoat, as it was when I went out in the morning—I have not found them since.

Cross-examined. Q. Had you had any ale before you went there? A. No, I had had some porter—I had had some beer in the course of the day, before I had the porter—I had no rum to my knowledge—I do not know what I had after I became insensible—I do not know how long I was there, about half an hour, while my recollection lasted—on my oath, the prisoner was there when I went in—there were about six persons there the first thing that happened was, a man's wife came in, and called for some beer, and threw it over her husband—I did not go to the Black Dog public house, to my knowledge—I know there is such a house—I cannot say whether I had any rum there, and whether the landlord refused to serve me, as I lost my senses at the Woolpack, and knew nothing afterwards.

MR. LILLEY. Q. Where was your friend? A. He was insensible likewise, but he was in his own neighbourhood, and was taken home by two lads who knew him, but I was not known—my purse was bound with steel.

JAMES HOW . I am a dyer, of No. 27, Primrose Street. I went with Jackson to the Woolpack, between 3 and 4 o'clock—we had two pots of beer, and the prisoner and the other party drank out of it, who was dressed in a flannel jacket—I was sober when I went in, and was all right till I got to the sill of the door to come out—I then found my senses go away altogether—I recovered my senses about a quarter to 11 o'clock at night, and then missed three or four shillings from my trowsers pocket, which I found turned inside out.

Cross-examined. Q. How long had you been with Jackson? A. I went out with him in the morning—I had not been to Church—we went to a shopmate's place, and waited there for an hour—we did not get there till 1 o'clock—we had a pot of porter there, and left about 2 o'clock, and came towards home, but, as we came along Sun Street, we met a friend of Johnson's, whom he had not seen for some time, and who asked us to go and have some porter, and we went to the Woolpack—I do not remember having any ale—I am not aware that the landlord of the Woolpack refused to serve us because we were the worse for liquor—we were talking in front of the bar for an hour and a half—I will not say whether the prisoner came in after we got there, or whether he was there when we went—I found myself in bed with a headache, and was a little sick.

THOMAS LEATHER . (Police sergeant, G 6). On 5th April I received information from Gee, in consequence of which I took the prisoner at the King John public house, Holywell Lane, Shoreditch—Gee described him to me, and I told him he was charged with robbing a man, in Cumberland Street, of 1l. 7s. and a watch—he said, "I have got no money, and I never was in Cumberland Street with, a man; so help me God, I know nothing about it"—I took him to the station, searched him, and found 9s. 7d. on him—it was about 10 minutes before 8 o'clock when I took him.

Cross-examined. Q. Was he very drunk? A. Yes—I saw Mr. Jackson at the station house—he was then stupid—I believe he had been there an hour and a half before I saw him.

JOSEPH SAYER . I am sixteen years old, and live at No. 6, Charlton Court, Curtain Road. On Sunday, 5th April, about 7 o'clock, I went into King's Head Court, and saw the prisoner holding some gentleman by the throat—he searched his pockets, and took a purse out, after he and another man, dressed in a flannel jacket, had thrown him down on the ground—the other man put his hand into his pocket, and took out a watch, and then they both walked away together—the man who was robbed was very stupid—I gave information on the Monday night to my sister-in-law and my brother—I am able to speak positively to the prisoner; I used to see him pass every day—I have seen him fifty times before.

Cross-examined. Q. How do you get your living? A. I work with my uncle, a bedstead maker, in Crispin Street, Spitalfields—a policeman came to me, and asked me if I had seen a person robbed in King's Head Court, and I said, "Yes."

MR. LILLEY. Q. Did the policeman come to you on the Saturday after the Monday that you told your sister-in-law? A. No, on the Saturday after that. Witnesses for the Defence.

SAMUEL MORGAN . I keep the Woolpack, in Peter Street, Sun Street. I remember the Sunday afternoon, when this matter is said to have happened—I saw Jackson at my house; when I saw them it was between 5 and 6 o'clock—I was out in the earlier part of the afternoon, and they were there when I came home—there were three men and a woman—I knew all the parties well; there was Jackson and How, a man of the name of Davis, a carpenter, and his wife—I served them with three half pints of rum, and Jackson wanted more; Jackson paid for all that I served them with—I did not serve them with anything but the rum—Jackson wanted another half pint of rum, and I told him I would not serve him any more—he said, "Very well, we will go and get some elsewhere"—I have known him for years, and How also, from a boy—Jackson was not in a state of insensibility; he walked out of the house himself, and I told How to go after him and see him home—he drank part of the rum; he spoke very well—I saw them go out, and afterwards saw them at the Black Dog, at the corner of Long Alley—I saw Jackson there, and How, the prisoner, and several others—my barman also serves in my house, he is not here—to the best of my recollection they left about a quarter or half past 6 o'clock—I did not see them till past 5 o'clock—they were full an hour there—I did not observe any want of consciousness all that time, no more than as people are when they mix drink and so forth—I am quite certain that he drank rum—I never knew anything dishonest of the prisoner.

Cross-examined. Q. Did you know him otherwise than as a customer? A. Oh, yes! I have known him ever since he was born—I never heard that he committed a robbery, he is reckoned a very harmless fellow; as far as I know, he has borne a good character—this was about a month last Sunday—I do not know the day of the month; my attention was called to the matter on the Tuesday following the robbery—Jackson called with his wife—I did not attend before the Magistrate—I did not come in till after 5 o'clock—there might have been eight or ten persons in front of the bar, or perhaps more—the prisoner was there, and a man in a flannel jacket with him, the party that they say is implicated in it—they all partook of the rum, all round—my wife and son assist in the bar, but when I came in they

went up to tea, and I was there alone—I have kept this house three years—before that I was at Field and Boustead's, in St. Mary Axe, for twenty-five years—I swear positively that Jackson asked to be served with more rum, and I refused—I saw Jackson afterwards at the Black Dog, and the prisoner also—I cannot say that I saw the man with the flannel jacket there, I cannot say he was not there.

GUILTY .— Confined Nine Months.

(The Court directed a reward of 40s. to be paid to the boy Gee.)

Reference Number: t18570511-574

574. FRANCIS JOHN MAYBURY (22) , Stealing 527 pairs of boots, value 196l.; the goods of Louis Isenberg.

MESSRS. BODKIN. and LEWIS. conducted the Prosecution.

FREDERICK FULLER . In March, 1856, I wag a packer in the service of Mr. Isenberg, of No. 121, Leadenhall Street. I and Morris, together, packed six cases with boots; I have in my hand a list of the contents of those cases, it was copied from the packing book by the clerk; the packing book is not here (it was directed to be sent for)—the journal is here; the entries are not in my writing—I packed the cases—I looked at the packing book at the time so as to know what was put in the cases—I did not look at the book before me, that has nothing at all to do with me, that is the clerk's book—I recollect what I put into the boxes—there were 527 pairs of boots—the marks of the packages were "G." over "C. C. and Co."—the numbers were from 1088, I think, to 1093—the vessel by which they were to be shipped was the Narrahyarra—on 27th March, those packages were delivered to the prisoner, to be delivered at the St. Katherine's Docks—he was carman, and of course it was his duty to deliver those trunks at the Docks—I had nothing at all to do with his duty—I produce a receipt for those packages in the parcel book—it is the signature of the prisoner—those packages were consigned to Adelaide—(The entry of 27th March was here read: "27th of March; G. over C. C. and Co.; 1088 to 1093: St. Katherine's Docks: six trunks from L. Isenberg. Signed, F. J. Maybury")—these packages were delivered between 12 and 1 o'clock in the day—I do not know the prisoner's handwriting.

Cross-examined by MR. GIFFARD. Q. How were the cases packed? A. They were packed in trunks three feet six long, what they term cases—they were covered with tarpaulin, and afterwards canvassed and sewn—the marks were on the ends of the trunks, on both ends, outside on the canvas—the wood was not marked at all—Nicholson marked them.

JOHN NICHOLSON . In March, 1856, I was in the employment of the prosecutor, Mr. Isenberg. I recollect six cases or trunks, containing boots, being sent to St. Katherine's Docks, on the 27th—they were delivered to the prisoner for the purpose of being taken—his father was the carman employed occasionally by Mr. Isenberg, and his son assisted in the business—he drove a cart—he ought to have carried them away in the course of the afternoon; they ought to have gone straight from the warehouse to the Docks—in the course of our business it was the duty of the carman to carry goods of this sort direct to the Docks—we always send them to one particular Dock, and he had no other place to call at for us—he would not be employed for other goods—there were no other goods in the cart; he was hired for that particular purpose.

Cross-examined. Q. Who hired the cart, and when? A. I cannot say who hired it—I cannot say on what terms it was hired—Mr. Maybury, the prisoner's father, is the person that carries on the business, I believe—the prisoner was merely acting as his carter—I can remember that there

were no goods in his cart on that occasion but ours, because I entered these cases in the book myself—I saw him put them into the cart, and I ticked my small label that I had, against those six cases—it depends upon circumstances how often the cart comes to our warehouse, when they might want him; I do not know how often, a great many times in the course of the month—it was six months since when my attention was first called to this circumstance; it was this year, but I am not in the employ of Mr. Isenberg now; he called on me to ask me if I knew the handwriting in the book—my memory is assisted by what I see—this is my handwriting—looking at that, I can remember that I entered in that book certain numbers of packages as delivered to Maybury—I say that these goods were delivered to the prisoner, because I had his signature; he signed for them—I saw him—I mean to swear that I saw him sign it—I never received a signature from anybody but him and his brother, because it was not my department to have those boots, but it happened that day that the clerk was not there, being just dinner time, and I of course entered those six—I recollect by the book—I do not know his handwriting so as to be familiar with it—I do not recognize it—if I had found any other name there besides Maybury, I should not have said that that person signed it—I never received any except from the two sons, the prisoner and his brother—if I had found the brother's signature there, I should then have said that he had signed it, and that I had delivered the goods to him—I have no recollection of it independent of my memory being refreshed by this book.

MR. BODKIN. Q. Have you a recollection of ticking off these particular cases? A. Not exactly these cases—I have always done it, and no doubt I did it with these six, because I used to tick my piece of paper as they were put into the cart—there were no other goods in the cart when these cases were put in—whoever was the party that took the goods, that party signed the receipt in that book with me.

LOUIS ISENBERG . I am a manufacturer of boots, in Leadenhall Street. I remember sending six cases of goods to the St. Katherine's Docks on 27th March, 1856, intended for Adelaide, South Australia—I initiated the matter, and therefore I am positive as to the day—I recollect it from my books; from entries in my clerk's handwriting, and vouchers, and checks; they were seen by me at the time they were made—on many occasions I did not see the entry, but in this instance I did—that enables me to say that they were sent on 27th March—the prisoner took them in his father's cart; he carted all goods for me—I saw the goods delivered to the prisoner, and saw him start with them—there were no other goods in the cart—no directions were given him as to when he was to take them to the docks, but in the usual way; it was usual to take them at the time—the docks are about a walk of a quarter of an hour, or a drive with a small load of five or six minutes, within a mile—the marks and numbers of the cases were "C. C. and Co." and "G." over, "1088 to 1093"—they were packed in cases made of wood, covered with oil cloth, covered with tarpaulin, and covered with canvas, sewn up—the numbers were marked on each end of the packages twice.

Cross-examined. Q. Was it the ordinary kind of trunk or case that you made use of in your business? A. The ordinary kind—I was present when the book was compared with the marks on the cases—when I am in the way, I generally check these entries—I did so in this instance—I swear that—this is the entry of the warehouseman Nicholson—I saw these

individual cases packed—I saw the oil cloth put on, the tarpaulin, and the canvas, all three—I saw two only put on, because the third was naturally put on; it was put on when the case was finished; the one I saw on, and the other two I saw put on—the marks are on each end, on the outside—Maybury's cart was in the habit of taking goods for me, sometimes two or three times a day, and sometimes about half a dozen times a week, I think for about two years and a half; during that time I have sent a very great many cases in his cart—I first heard of the loss of goods in July, last year; that was not of these, but some other goods—it was about two or two and a half months ago that I heard of these goods—I remember the prisoner going away with these goods—he generally carted smaller lots; when the quantity was small, his father has said, "I will send my son for them;" otherwise there were generally two men with them—I have a distinct recollection of this particular transaction—I swear that I recollect this individual cart going away with these six packages, and that there was nothing else in the cart.

MR. BODKIN. Q. You say it is two or two and a half months ago, or thereabouts, that you first heard of the loss of these goods? A. Yes—my attention was directed to the loss of other goods at an earlier period—that did not direct my attention to this transaction particularly, it did to the whole of my shipping transactions.

HILDEBRAND HATFIELD . I am a foreman at St. Katherine's Docks. I know the prisoner by sight—in March, 1856, I received a shipping note; I have it here; I cannot say that I received it from the prisoner—I cannot say who the carman was—I received it, together with six packages, from a carman, on 28th March—after endorsing the charges on the back, I put it on the file in the office—it was then entered in a book, which I have, to ship from—I kept the note; it has been in the Company's possession ever since.

LOUIS ISENBERG . re-examined. This is the shipping note; I delivered that to the carman, the prisoner.

Cross-examined. Q. Whose writing is it? A. One of the clerks of Stevens, Brothers—I remember having that individual document in my hand on 27th March; I fetched it, and gave it up to the carman as I fetched it—I remember it by its being the first transaction with the house of Stevens, Brothers—I think I had two shipping notes from them that day, one for two, and one for six, and the two were stolen as well; so I remember the transaction very distinctly indeed—I can remember this particular piece of paper by its being the first shipping note I ever had with that house, and I fetched it myself—I do not recollect it because of its having "Stevens, Brothers," in it; I fetched it myself, while the cart was at the door, and that is the simple reason why I remember that Maybury took these goods—I remember this particular piece of paper, unless it was changed at the Docks; that I cannot say, but it is not likely that it was—it is the piece of paper which I gave up to the carman.

MR. BODKIN. Q. Was the Narrahyarra the vessel by which the cases were to be shipped? A. Yes—I cannot say that the marks were "G." over "C. C. and Co.," thereabout; I know there was "C. C. and Co." on it; that I can swear to; I do not know about the "G." at the top—it was "C. C. and Co.," and "G." on the top, I think—I remember the "C. C. and Co."

HILDEBRAND HATFIELD . re-examined. I endorsed this note—this is my writing—it is the one that came with the goods—(The RECORDER. was of

opinion that it was not admissible)—the six packages were put along with the remainder of the cargo.

Cross-examined. Q. That was on the quay, I believe? A. Yes; they stood there till 1st April—I do not know how many policemen there are at the Docks of a night; there are several, I should think about a dozen—they have extra ones on of a night at certain hours—I do not know how many acres of ground the Docks cover—there were portions of eight ships' cargoes on this quay; I cannot tell you how many there were on all the quays—I cannot tell you how many persons are prosecuted in the course of a year for stealing things out of the Docks, not a great many, very rarely for taking things out of cases—I never heard of French vinegar coming out of the Docks changed into good port wine—I have been there nearly twenty years—I have never lost anything during that time—I have nothing to do with the imports—there are always a great many vessels in the Docks—I cannot tell on an average how many there are loading outwards and inwards; a great many—they are very slack now—at other times we are very busy—during the working hours a great many persons are brought in to work there—lumpers are men who work on board the ship to stow the cargo—there are men hired by the Company from a certain time in the morning till evening; only those with tickets, except they are all employed, which they very seldom are—they take them on from half past 7 to 8 o'clock, and at times employ a great number—that is at the import dock; we do not employ many on this quay—it is very seldom that we have more on this quay than six or eight men, or twelve—it is not connected with any other part of the dock, because it is over a bridge on the other side—I have nothing to do with the other side.

JOHN PASSMORE MUMFORD . I am superintendent of police at St. Katherine's Docks.—I know the Export Wharf—goods intended for exportation are placed there, near the ships that they are to be put on board—there is a continual watch kept there day and night until the goods are shipped—I know that part of the wharf where the goods intended to be exported by the Narrahyarra would be placed; that would be a part watched in that way—I reside at the dock house—I visit my men occasionally in the night as well as in the day; there is a system of police, and I am the superintendent—there is a continuous watch kept on this spot.

ROBERT COXON . In March, 1856, I was mate of the Narrahyarra, lying in St. Katherine's Docks. I have not got with me a list of the packages shipped on board the Narrahyarra, I produced it at the Mansion-house a fortnight ago, but now it is in the ship, and the ship sailed ten days ago—I was present when the ship was unloaded—I witnessed the opening of three packages, containing soot, dirt, and rubbish; they were long trunks covered with tarpaulin, and sacking over the top; if I remember right, I think they were marked "G." on the top, and "C. C. and Co." underneath—I do not remember the numbers of those that were opened—I know the numbers were from 1, 088 to 1, 093—I think I saw two more packages, of the same description as the three I saw opened; one was opened before I went there, and one was left unopened.

Cross-examined. Q. Where was it that they were opened? A. In Port Adelaide, in Mr. Collinson's warehouse; they had then been unshipped about a quarter of an hour; I was fetched from the vessel; I took the marks and numbers of all that went ashore, I superintended the unloading—when I saw the packages, none of them were stripped of the tarpaulin—one

was opened previous to my going, and I witnessed three of them opened—the tarpaulin still remained on, they had to loosen it to get the cover off—none of the other packages were opened in my presence—I do not know whether these were the only packages from Mr. Isenberg that were shipped in the vessel; I had about 700 packages of the same mark—I do not know who they were from, I mean with "G" and "C. C. and Co." underneath.

MR. BODKIN. Q. Just look at that case (produced)? A. That appears to be the same shape as the cases I saw at Adelaide, I cannot say whether it is the same or not—there is the same covering, and the same mark, and it is one of the numbers—when I received them, I entered them into the cargo book.

COURT. Q. Do you remember the numbers you saw on the packages, on do you remember the number you saw in the book a fortnight ago? A. I made a memorandum in the cargo book, and a fortnight ago I found certain numbers in that book—that ii the only means I have of remembering what the numbers were—I remember a case of that sort—there were 700 of the same mark, but not of the same shape; these six were of a different shape, long.

JOHN MORRIS . In March, 1856, I was in the employment of Mr. Isenberg, as foreman of the shoe department. On 27th March I saw sons cases packed—there is an entry in the book, made by me at the time; it is an entry of six cases, containing children's and women's boots, about 500 pairs—I made a memorandum of the marks and numbers of the cases—they were "G. C. C. and Co.," and 1, 084 to 1, 093—I find those marks on this case, and the No. 1, 090—it is on the same part of the cases as those I saw packed.

TIMOTHY DESMOND . In the early part of 1856 I was in the service of Messrs. Moses, of Tower Hill. I knew the prisoner at that time—in March, 1856, I saw him at the White Hart public house, in Rupert Square, Goodman's Fields, at the comer of Rupert Street and Lambert Street—from there I went to the other end of Rupert Street, to a court called Christopher Court—the young woman who was then living with me went with me; also Maybury, Collins, George Boyce, and a man named M'Carthy—they were altogether at the public house—when we got to a house in the court, the cab man went on first, and the young woman and I followed, and we just got there in time to see two bags of boots put into the cabby M'Carthy and Collins; Maybury was then up the court—the bags were brought out of a house about the centre of the court, but I do not know the number—I did not go into the house—when I first went to the house M'Carthy introduced me to Maybury and Collins, and said that it was all right, and I knew all about it, and I was to take them away; Collins held out his hand, and said, "If you give me the money you can have them"—that was the money for the boots and shoes—what I have told you was said in the presence of Maybury, the boots were mentioned—M'Carthy spoke first; that was in Maybury's presence, he took me, and introduced me—Collins complained about Boyce keeping him so long waiting, as he was afraid they should be taken; I offered my services—I had a cab outside the door, and he held out his hand for the money—I told him I did not have the money to give for the boots—Collins said that he had done business with a man to the amount of 100l. once, and only got 4l. out of it, therefore he would not trust any more—Maybury heard this conversation, but said nothing—we then came out, and Maybury, Collins, M'Carthy, and Boyce went to the house in the court—Collins came just as I was going

away with the cab; he did not go to the house in the first instance, I was waiting for him—I followed them with the cab up the street, to the bottom of the court, two bags were brought out, and I saw them put into the cab—Maybury did not come out of the house in the court while I was there—I saw him go up the court, but did not see him go into the house—I went away with the cab, it contained water-tight boots—M'Carthy told me that there were three dozen in one bag, but there were not that quantity in each, as one bag was much smaller—I did not see any payment; I saw a cheque some time after for 40l., but not that day; George Boyce had it—after that day, last Good Friday twelve months, I saw Maybury at the same public house; he, Collins, M'Carthy, and Boyce were all together—it might have been a fortnight or so after the occasion I have just mentioned—I just went into the public house, and Boyce and I had had a word or two, therefore we did not speak; but directly he saw me, he walked out—I did not hear any particular conversation—I have several times since conversed with Maybury about these boots; he told me on one occasion that Mr. Isenberg should ask his father to put 50l. to his 50l. to make 100l. reward, but he said he would not do so, because his father knew he was guilty of doing it, and he told me that his father was allowing him 5s. a week to keep away from his place.

Cross-examined by MR. GIFFARD. Q. How many times were you examined before the Magistrate? A. Four or five—I have never mentioned anything of this before—this is not the first time I have mentioned that he said that Mayberry knew he was guilty—the transaction I have spoken to was in March; the conversation about offering a reward may be three months ago—the transaction about the cab must have been more than nine months before I went before the Magistrate, it was in March, 1856, I said—it was about nine months—I stole a quantity of Mr. Moses's boots and shoes—Boyce, Collins, and the rest were taken up on my information, and were discharged by the Magistrate—I became a witness in this case through their cheating me out of 15l.; that was Pickering and George Boyce, and in consequence of that I gave information—a man named Brooks was the cab man, he is not here that I am aware of—I do not know where he may be found, but he may be found in the Minories—he was at the Mansion House, and was examined by the solicitor for the prosecution—I have no acquaintances frequenting St. Catherine's Docks, none of my friends work there that I am aware of—I was employed for Messrs. Moses, at No. 87, Tower Hill, not very far from St. Catherine's Docks—I was discharged when my theft was discovered—it must have been a large amount of boots and shoes that I stole—it was about 50l. that I received—Mr. Moses found that out, and discharged me.

NOT GUILTY .

Reference Number: t18570511-575

575. THOMAS GLASS (17) , Feloniously forging and uttering an order for 25l. 5s. 6d., with intent to defraud: also, Feloniously forging and uttering an endorsement to a bill of exchange for 40l. 3s. 6d.; with intent to defraud: to both of which he

PLEADED GUILTY .— Four Years Penal Servitude.

NEW COURT.—Tuesday, May 12th, 1857.

PRESENT—Sir FRANCIS GRAHAM MOON., Bart., Ald.; Mr. Ald. ROSE.; Mr. Ald. LAWRENCE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18570511-576

576. CORNELIUS REARDON (20) , Unlawfully uttering counterfeit coin.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

ELIZABETH BUCKHARDT . I am the wife of William Buckhardt, a baker, at Hoxton. On 3rd March about 4 o'clock, the prisoner came to my shop—he asked for a half quartern loaf—he gave me a shilling—I tried it with my teeth, and I believed it to be bad—I took it next door, and showed it to my neighbour—when I returned with it, the prisoner was still in my shop—I told him it was bad; he looked at me, and said, "I did not know it"—he seemed to want it back, but he did not say so—I kept it—he went away—I put it on the mantel piece—I afterwards put it into the cash box, where there was no other shilling—it remained there for about a week, my husband then gave it to the policeman.

Prisoner. I was not in the shop. Witness. Yes, you are the person.

WILLIAM BUCKHARDT . I am the husband of the last witness. I saw the prisoner at my shop on 10th March, about 7 o'clock in the evening—he came for a half quartern loaf; it came to 3d.—he put a half crown on the counter; I looked at it, put it to my teeth, and bent it—I told him it was bad—he took the change up, and turned round; I said, "Here, here!" but he ran off—I jumped over the counter, and pursued him—he wanted to know what I stopped him for; I said, "I will let you know; it was a bad half crown you gave me"—I took him to the station, and gave the half crown to the officer.

Prisoner. When he told me it was bad, I stopped. Witness. No, you ran away till I caught you—you said you wanted your tea—you went quietly to the station—there was another one who wanted me to let you go, but I would not; he went to the station, and then he went away.

GEORGE SMITH . (Policeman, N 99). I took charge of the prisoner from the last witness, and he gave me this half crown—I found on the prisoner 2s. 3d. in good money, and a half quartern loaf—I received this shilling at the shop the same night.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint These are both bad.

Prisoner's Defence. I know nothing about the shilling; I was never in the shop before; I gave the gentleman the half crown, I did not know it was bad.

GUILTY .— Confined Nine Months.

Reference Number: t18570511-577

577. FRANCIS EATON (45) , was indicted for a like offence.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

THOMAS LOWDER . I am under barman to Mr. Sinclair, who keeps the Crown, in High Street, Bloomsbury. I was attending at the bar on Saturday night, 4th April—the prisoner came in, and asked for 1d. worth of gin—he put down what I thought was a shilling; I put it into the till, and gave him the change—there are five tills, but there was no other silver in that till—in about three minutes afterwards the prisoner again asked for 1d. worth of gin; I served him, and he put down another shilling—I gave

him change for that, and put that in the same place with the other—there were only those two shillings there—after that, Mr. Wilcox came to that till for silver, and he saw the two shillings—he said they were bad, and that he saw me serve the man—in five or six minutes afterwards the prisoner came in again, and Mr. Wilcox served him with 1d. worth of gin, and he put down another shilling—I saw Mr. Wilcox take it up, and he took hold of the prisoner by the collar, and jumped over the counter—he told the prisoner it was bad—he was given into custody.

Prisoner. Q. What change did you give out of the shillings? A. Eleven pence, a sixpence and five pence—I went and got a sixpence on both occasions—there is a foreman in the house—he did not find any bad money that night; it was Mr. Wilcox found the money was bad that you had passed.

COURT. Q. Did you know that they were bad till Mr. Wilcox came? A. No, not at all—there was copper in that till, but no other silver—the silver was put into a little round bowl—the prisoner left the house between the first and the second times I served him—he was away about time enough to walk across the road.

THOMAS WILCOX . I am barman at that house. On Saturday, 4th April, I saw the prisoner, about half past 8 o'clock—the last witness served him with 1d. worth of gin, and he gave him a shilling—the prisoner came in again in three or four minutes, and the witness served him again—he came in again in five or six minutes afterwards; he came towards both of us, and said, "A pennyworth of gin," and put a bad shilling into my hand—I had looked in the till, and found two bad shillings—I laid hold of him, and told him it was bad, and he had been offering bad money there that night—I gave him in charge, and gave the three shillings to the constable.

JOHN TRICKER . (Police sergeant, E 20). The prisoner was given into my custody at Mr. Sinclair's—I produce these three shillings, which I received from the last witness—the prisoner was told he was taken for passing three counterfeit shillings—he said he had only passed one, and he shammed to be drunk—I searched him, and found on him two good shillings and a knife—I asked him where he lived, and he said that he had no home.

WILLIAM WEBSTER . These are all bad—the two that were found in the till are from one mould.

Prisoner. I offered one shilling. I did not know it was bad; the witness said it was bad, and took me to the station; I am as innocent as a child.

GUILTY .— Confined Twelve Months.

Reference Number: t18570511-578

578. JOHN THOMAS (42) and ANTONIO LAZARO (25), were indicted for a like offence.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

GEORGE RIPPINGALE . I keep the Red Lion, at Barnet. On 23rd April the prisoner Lazaro came, and called for a pint of beer—it came to 2d.—he gave me a shilling—he was a long time getting it out of his tobacco box, which caused my suspicion—I found it was bad, and broke it in pieces—he said that he would not go away till I gave it him back; I refused to do so—I afterwards gave the pieces to Kelly—I saw nothing of the other prisoner—when I took the beer away, Lazaro said, "Beer! beer!"

ELLEN HALL . My grandfather, James Hall, keeps the Swan with Two Necks, at Finchley Common—I saw both the prisoners there on 23rd April—they came together, and Lazaro called for a pint of beer—they both drank it, and Lazaro paid me a shilling—I gave him change, and put the shilling

in one corner of the till, separate from other money, because it looked rather black; I thought it was bad—I looked at it after the prisoners were gone, and found it still separate from the rest—I put it back again—I gave it to sergeant Kelly on the 25th—the prisoners went away together; I had given Lazaro the change—it was between 5 and 6 o'clock in the evening.

GEORGE ORPWOOD . I keep the Baldfaced Stag, at Finchley Common—that is nearer to London than the Swan with Two Necks. The prisoner Thomas came to my house on 23rd April—I am not sure of the time, but we were lighted up; I think it was between 7 and 8 o'clock—he called for half a pint of beer; it came to 1d.—he tendered me a shilling; I saw it was bad, and asked him where he got it—he said he had received it from a man at Brentford—he said a man had put it on him, and given him this—I had seen him in the morning selling tracts, and I thought it might be true—I asked him if he should know the man; he said he did not know the man—I took pity on him, and gave him the shilling back, and he went away.

Thomas. It is a mistake; I never save it to him.

EDWARD KELL . (Police sergeant, S 34). I took the prisoners into custody on 23rd April, about 11 o'clock at night, but not on this charge—I received this shilling from Ellen Hall, and this other from Mr. Rippingale—I found on Thomas four sixpences and 1s. 1d. in coppers—there was nothing on Lazaro but a register of his character.

WILLIAM WEBSTER . These are both bad.

(The prisoners statements before the Magistrate were here read as follows: Thomas says: "The other man gave me the beer, that is all I know"—Lazaro says: "I found the money in the road, in a paper.")

Thomas's Defence. I had never been in his shop; the man came and took me in the road at 11 o'clock at night; he found the shilling's worth of coppers in my pockets from selling books.

Lazarus Defence. I found them rolled up in a piece of paper; I do not know a good one from a bad one.

THOMAS— GUILTY .— Confined Four Months.

LAZARO— GUILTY .— Confined Three Months.

Reference Number: t18570511-579

579. JAMES WOODROW (27), was indicted for a like offence.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

GEORGE TAYLOR . I am a cheesemonger, and live in Castle Street, Leicester Square. On 8th April the prisoner came to my shop, in the evening; he asked for 1d. worth of cheese—he handed me a florin, and I gave him the change, and he went away—I showed the florin to my mistress, and put it back into a drawer, separate from other money—shortly afterwards I looked at it, and found it bad; I tried it in the detector—I wrapped it up, and kept it separate from other coin, and at last gave it to a policeman—on 10th April the prisoner came again; he wanted 2d. worth of cheese and 1d. worth of bread—I recollected him as the person who had been there before—I served him, and he put down a bad half crown—I told him it was bad, he said he did not know it, and he had taken it from the Horse Guards—I sent for a constable, and gave him the florin and the half crown.

Prisoner. Q. Do you swear I came to your shop on Wednesday, 6th April? A. Yes, between 8 and 9 o'clock—I do not know much of your dress; you were in plain clothes.

WILLIAM PHILBEY . (Policeman, C 64). I was called to the last witness's shop on 10th April, a few minutes before 9 o'clock—I took the prisoner

into custody—he said that the serjeant major most have given him the half crown in paying him, and that he had lately come from Sebastopol—I asked him where he lived—he said he had no home in London, his friends lived in Yorkshire.

Prisoner. Q. Did I go quietly to the station? A. Yes, I never had a prisoner go quieter.

Prisoner's Defence. I was discharged from the Horse Guards on 6th April, and received 1l. 18s. 4d.; I went to this man's shop on Good Friday evening, as I was going to Yorkshire on Saturday; he gave me in charge.

The prisoner called

JOHN STRADLING . I am in the first regiment of Guards. I have known the prisoner twelve or thirteen years; he was a wool comber, at Wellington, in Somersetshire—I am a Wellington man—he enlisted in the army in 1854; I served with him in the Grenadier Guards—I believe he is now discharged from that—he went to the Crimea; I did not go—I was with him on 8th April, from 7 o'clock in the evening till about five minutes before 9—I met him in Oxford Street—he was dressed in regimentals.

Cross-examined by MR. ELLIS. Q. Where did you see him? A. I met him near Regent Circus—he was dressed as I am now, but he had a fatigue cap on.

HENRY SAUL . I am in the first regiment of Guards. I was with the prisoner on 8th April, between 7 and 8 o'clock—he was drinking, and he asked me to drink—I stopped in his company till 9 o'clock, at the Three Tuns, in Portman Street; he left me there at 9 o'clock—he was dressed in regimentals.

Cross-examined by MR. ELLIS. Q. Was he discharged? A. Yes, but he was in regimental clothes; they do not give up their second clothes when they are discharged—he had a tunic coat on and a regimental cap.

COURT. Q. Did you see Stradling there? A. Yes, he was drinking with us—the prisoner said he had somewhere to go, and he left us there—it was on Wednesday—I think it was about a week afterwards that I heard he was taken—I know it was on the 8th I was with him; I have not seen him since till I saw him here—I am sure it was on Wednesday I saw him—I did not see him on the Tuesday, nor on Thursday, nor on Monday—I might not have seen him for a month before.

COURT. to STRADLING. Q. When had you seen the prisoner before? A. On the Monday, the day he was discharged—I am sure I saw him on Wednesday, the 8th—it was about the 12th when I heard he was taken.

(The prisoner received a good character.)

NOT GUILTY .

OLD COURT.—Wednesday, May 13th, 1857.

PRESENT—The Right Hon. the LORD MAYOR.; Lord Chief Justice CAMPBELL.; Mr. Justice CRESS WELL.; Mr. Baron BRAMWELL.; Sir GEORGE CARROLL., Knt., Ald.; Sir FRANCIS GRAHAM MOON., Bart, Ald.; and Mr. Ald. WIRE.

(For the case of Thomas Fuller Bacon and Martha Bacon, tried on this and the following day, see Surrey Cases.)

NEW COURT.—Wednesday, May 13th, 1857.

PRESENT—Mr. RECORDER.; Mr. Ald. WIRE.; and Mr. Ald. CUBITT.

Before Mr. Recorder and the Sixth Jury.

Reference Number: t18570511-580

580. THOMAS WOOLCOTT (45) , Stealing on 1st Oct., 6 pairs of boots, value 3l.; on 15th Oct. 6 pairs of boots; and on 4th Nov. 6 pairs of boots, value 3l.; the goods of Edward Henry Moses and others, his masters: to which he.

PLEADED GUILTY .— Four Years Penal Servitude.

Reference Number: t18570511-581

581. JOHN STONE (13) and SAMUEL DERBYSHIRE (13) , Stealing 1 wooden box and 42 pieces of soap, value 3s. 6d.; the goods of John Dalphin; and GEORGE WILKINS, Feloniously receiving the same: to which

STONE PLEADED GUILTY .— Confined Three Months.

DERBYSHIRE PLEADED GUILTY .— Confined Six Months.

MR. SHARPE. conducted the Prosecution.

THOMAS MURRAY . I am fifteen years old, and am a pot boy. On the morning of 5th May I was in Whitecross Street about 10 o'clock—I saw Stone and Derbyshire standing outside Mr. Dalphin's shop—I saw Stone put his hand through the window, and take a box of soap out—they then went to Mr. Wilkins's shop, in Great Arbour Square, Golden Lane, and sold the box—I came back directly, and told Mr. Dalphin's shopman.

Cross-examined by MR. RIBTON. Q. What time was it? A. Between 10 and 11 o'clock—I do not know whether there were any other persons in Wilkins's shop—I saw Mr. Wilkins-outside the door—I did not see the whole of the shop—the prisoners stayed in the shop about ten minutes.

GEORGE JORDAN . (City policeman, 129). The prisoner Wilkins was given into my custody—I received this box of soap from him; I took it to Mr. Dalphin's shop, and gave it to Mr. Taylor, his shopman—it was on Tuesday morning, 5th May, I went to Wilkins's house, about half past 10 o'clock; I said to him, "You have bought a box of soap"—he said, "Yes, I believe there was one come in"—I asked him if he knew who he bought it of; he said that he never saw the boys before—I asked him to give it me, and he did—I asked what he gave for it; he said, "Ninepence"—I told him it was stolen, and I should take possession of it, and most likely I should want him to give an account of it in the course of the day.

Cross-examined. Q. I believe you did not take him into custody? A. Not at that time—he attended before the Magistrate to tell what he knew about it, and he then stated what he had said to me—there was no one else in his shop when I called—it is a chandler's shop.

THOMAS HUBBLE . (City policeman, 149). I took Stone and Derbyshire into custody.

WILLIAM TAYLOR . I am shopman to Mr. John Dalphin, of No. 61, Whitecross Street, an oil and colourman. This box of soap was brought to me by the policeman; I recognized it as my master's—I had seen it safe between 7 and 8 o'clock that morning—I saw what had happened to the window—it is brown Windsor soap; it is worth about 4s.

Cross-examined. Q. How do you sell it? A. 1 1/2 d. a square—we buy it by the pound; the lowest price is 6d., the highest price 1s.

(Wilkins's statement before the Magistrate was here read, as follows: "I was not aware of the value of the box of soap; the policeman did not know

that I had bought it till such time as I told him; if I had known it had been stolen, I should have denied buying it, to the policeman.")

(Wilkins received a good character.)

NOT GUILTY .

Reference Number: t18570511-582

582. WILLIAM LAWSON (37) , Stealing 28 yards of linen cloth, value 2l.; the goods of William Devas and another.

THOMAS EDIS TYRRELL . I am warehouseman to Messrs. Caldecotts. On the morning of 18th April the prisoner came into our house, and said he wanted a person named Thompson—we told him we had no such person there, and told him to go about his business—he went out, and I followed him—he walked up and down Cheapside once or twice—he then went into the house of Messrs. Boyd and Co., in Friday Street—he came out, and I followed him to the house of Devas and Co.; he stopped there about half an hour—when he came out, I gave him in charge of the police.

JOHN ELMS . I am in the employ of Messrs. William Devas and others. I did not see the prisoner on the morning of 18th April—this piece of linen is my employer's property—it had not been sold—here is the length marked on the paper, and the price—this paper would not have been parted with.

CHARLES LANCASTER . (City policeman, 410). The prisoner was given into my custody on 18th April—I found this piece of linen on him—he said that he had bought it from a hawker—he was carrying it in a large pocket in the skirt of his coat, which was from one side of the coat to the other, right round.

(The prisoner's statement before the Magistrate was here ready as follows: "I am guilty.")

Prisoner. I meant of being in the warehouse, not of stealing anything; I bought the piece of linen in a public house in Farringdon Street; a man came in there with linen, shawls, and other things, and I bought the piece; I inquired if they knew of a situation, and they told me Mr. Thompson was in want of an assistant, and that I should find him at Devas's, Boyd's, or Caldecott's; I went to all those houses, and had the linen with me all the time, and it appears that I happened to go to the very house where it was taken from; I was taken, and I said that I gave 1s. 8d. a yard for it; I was taken to the Mansion House, and the Lord Mayor asked the witness the price of it; he said 1s. 7d. a yard, therefore the hawker could have bought it for 1s. 7d., and sold it for 1s. 8d., and got a profit; if I had stolen it, I never should have gone to three warehouses with it; I gave 2l. 6s. 8d. for it.

GUILTY .—He was also charged with having been before convicted.

JOHN DAVIES . (City policeman, 139). I produce a certificate of the prisoner's former conviction—(Read: "Central Criminal Court; William Lawson, Convicted, July, 1856, of stealing 108 pairs of stockings of James Morrison and others—Confined six months")—the prisoner is the person; I had him in custody, and was present at the trial.

GUILTY.— Confined Twelve Months.

Reference Number: t18570511-583

583. JOHN EATON (52), and GEORGE TUFFS (33) , Stealing 1 rug, value 3s. 6d.; the goods of the Mayor and Commonalty and Citizens of the City of London.

MR. CAARTEN. conducted the Prosecution.

THOMAS HUBBLE . (City policeman, 149). About a quarter past 5 o'clock, on Friday, 24th April, I met Tuffs in Milton Street; he had this bag on his back—I went up to him, and asked what he had got—he hesitated a

moment or two, and then said, "I have an old bit of rug;" and on the road to the station he said that it was given to him by the turnkey of the prison, whose name he did not know exactly—at the station he said that Eaton gave him it—I went to Whitecross Street Prison—I found Eaton in a public house in Redcross Street; I asked him if he had given any person a rug; he said, "Yes"—he was taken into custody, and taken into the presence of Tuffs—he said that it was quite right, he gave him the rug—this is it.

Cross-examined by MR. RIBTON. Q. Where did you meet Tuffs? A. In Milton Street; he was carrying this rug in this bag, on his back—I stopped him out of curiosity—I do not know whether he was going home—I believe he is married.

GEORGE HENRY DAWSON . I am assistant storekeeper at Whitecross Street Prison. Eaton was one of the turnkeys there—this rug belongs to the Corporation of London—it is one of the rugs that was in use at the prison—Eaton had no right whatever to give it away—it is worth about 3s.

Cross-examined by MR. ORRIDGE. Q. How long have you been at that prison? A. Twenty-five years—Eaton has been there as many years.

PETER TANLEY . I live in Wilmot Square, Bethnal Green, and am foreman to Mr. Brown, a builder; he was doing some work at Whitecross Street Prison—Tuffs was in his employ, and was doing that work.

Cross-examined by MR. RIBTON. Q. What do you know of Tuff? A. I have known him many years—he is a most honest, trustworthy man—Mr. Brown has authorised me to take him back to work directly.

(Eaton received a good character.)

NOT GUILTY .

Reference Number: t18570511-584

584. WILLIAM NORRIS (22) , Feloniously cutting and wounding Mary Ann Mahoney, with intent to do her some grievous bodily Harm.

MARY ANN MAHONEY . I lived with the prisoner, as his wife, for about three months before 28th March, at No. 34, Queen Street, Chelsea—we had one room. On Saturday night, 28th March, I was with him, and I aggravated him to do what he did—we had a quarrel about my going out—it was between seven and eight o'clock—I was kneeling down mending his trowsers, and I felt blows on my head—I did not see what he struck me with, he cut me in three places.

MARY ANN WICKS . I am the landlady of the house where these persons lived. On 28th March, the prisoner and the last witness had tea together, about 4 o'clock—Mahoney went out soon afterwards; she came back about twenty-five minutes past 7 o'clock, she went up stairs, and I heard no more till I heard her scream, "Murder!"—I went into the room, and found her on the floor—he said, "I will learn her to follow me"—I found this chopper on the bed, I took it off, and cave it to the officer—Mahoney was bleeding; she went out at the door—this is my chopper, I always kept it in the passage between two rooms—I saw it safe about three o'clock in the afternoon.

Prisoner. Q. Did you not ask me in the afternoon to chop you some wood? A. Yes, and you said that you would—that was about 2 o'clock.

JOHN HENRY HOOPER . I am house surgeon at St. George's Hospital. Mahoney was brought there on the night of 28th March; she had three wounds on the scalp, one in front, one in the centre, and one behind—they had been inflicted with some sharp instrument—the front blow had chipped out a piece of the bone; the two back wounds corresponded with some cuts

in her bonnet—there must have been three separate blows—she was in danger for some time; she was kept in the hospital till 2nd May.

ALFRED TURNER . (Policeman, V 305). I met Mahoney in the street, and took her to the hospital—I went back and took the prisoner.

WILLIAM BRYAN . (Police sergeant, V 20). The prisoner was brought to the station to me, I read the charge to him—he did not make any reply—I afterwards visited him in the cell, to see if there was any blood on his shirt, and he said, "It is a bad job; I must make the best of it; how is she?"

DANIEL FOGARTY . (Policeman, V 131). I went to the room in which they lodged, and found this chopper, with stains of blood on it.

Prisoner's Defence. On 28th March, she went out and did not come home till a quarter before 7 o'clock; I asked her if she had a clean shirt for me; she said, "No," she had pawned it, and she was not my wife; I was a little out of temper, and chucked the chopper at her; I was in drink.

GUILTY .— Four Years Penal Servitude.

Reference Number: t18570511-585

585. GEORGE HOLLIS (23) , Feloniously stabbing, cutting, and wounding Sarah Hollis, with intent to do her some grievous bodily harm.

SARAH CRATER . I am single, I am the prisoner's sister; I was staying with them. On 5th April, about half past four o'clock, the prisoner asked his wife if she would do his trowsers—she was displeased, and would not do them—she said it was unlucky to work on a Sunday—she threw them out of the window; I fetched them up, and then he said to her, "Will you do them?"—she said, "I will not"; I will not work on a Sunday"—he said, "If you don't, I will have your life"—he took a knife out of his pocket and stabbed her on her left shoulder—I screamed "Murder!" and he said, "Hush!"—I screamed again, and my sister and I ran down stairs—the prisoner ran away, he came home in the evening—my sister was in bed—he said to her, "Sarah, how are you?"—she said, "You have done me a great deal of injury, and I do not wish to see you again"—she gave him the last 2d. she had to get a lodging—he said that if I would meet him on Monday he would give me 8s.—I met him and he gave me 8s., and asked how she was—I said she was very bad—he tried to stab her in the breast, she turned to prevent the blow, and caught it on her left shoulder—he struck the blow very hard—he was in a great passion, because she sat and laughed at him.

SARAH HOLLIS . I am the prisoner's wife, we have been married about fifteen months; the last witness is my sister. On 5th April, I had a quarrel with the prisoner in consequence of something he did to my sister, and I refused to do his trowsers—he asked me to do them; I said, "George, I will not," and I threw them out of the window—my sister went down and your life"—he took a knife out of his right hand pocket, and struck at me with it—he struck at my breast; I prevented the blow, and caught it on my left shoulder.

WILLIAM STEVENSON . I live with my father, in Daggett's Court, five doors from the house where the prisoner lived. On that Sunday, between 4 and 5 o'clock, I heard something drop in the yard—I went to look, and found this knife there—I did not notice whether there were any marks on it.

CHARLES JEKIN ELWIN . I am a surgeon, and live in Broad Street Buildings. On Sunday afternoon, 5th April, the prosecutrix came to my surgery—she

had an incised muscular wound on the left shoulder; I probed it, and found it was half an inch deep, and three quarters of an inch long—it had been bleeding very much—it was such a wound as might have been inflicted with this knife—it must have been inflicted with some violence.

Prisoner. Q. Did I not come to you on the Sunday evening? A. Yes; and you appeared very anxious about the state of your wife.

JAMES MOFFATT . (Policeman, G 94). I took the prisoner on the Monday evening; he said that it was done in the heat of passion, and he was very sorry; it was a very bad job, and he would go quietly with me.

Prisoner's Defence. I had been at work on that Sunday morning, at a beer engine; when I came home I had a few words with my wife; it was done in the heat of passion.

GUILTY .— Confined Twelve Months.

Reference Number: t18570511-586

586. FREDERICK WILLIS (22) , Feloniously wounding James Allen, on his head, with intent to resist his lawful apprehension: to which he.

PLEADED GUILTY . (Frederick Cox, fishmonger, Paddington, deposed to the prisoner's good character, but admitted that he had been convicted of an assault on the police.) Confined Nine Months.

Reference Number: t18570511-587

587. JOHN THOMAS (42) and ANTONIO LAZARO (25) , Stealing 1 basket, value 3s.; the goods of Thomas Croxon.

EDWARD KELL . (Police sergeant, S 34). On the night of 23rd April, between 10 and 11 o'clock, I was on duty at the Archway Road, Highgate; I saw the two prisoners walking together—Lazaro was carrying this basket, I stopped him, and asked him where he got it from—Thomas said, "We brought it from Liverpool; we bought it there."

THOMAS CROXON . I am a costermonger, and live in James Street, Covent Garden. On the night of 23rd April, I was near the Archway Road—I had this basket full of cabbage plants; I sat down and fell asleep—I awoke between 11 and 12 o'clock, and I found the basket was gone—I had had a drop of drink—I had gone into the Baldfaced Stag between 9 and 10 o'clock, I saw the prisoners there—when I came out, I sat down and fell asleep.

Thomas. I know nothing about the basket; I got four months for nothing yesterday.

THOMAS— GUILTY .

LAZARO— GUILTY .

Confined Three Months each, to commence at the expiration of former sentence. (See page 580.)

Reference Number: t18570511-588

588. GEORGE NORRISS (56) , Stealing 40 yards of linen cloth, 26lbs. weight of thread, 50 boxes of buttons, and other articles, value 30l.; the goods of Isaac Moses, his master.

MR. LEWIS. conducted the Prosecution.

JAMES BECKLEY . I am assistant to a broker. On 28th March I went to Angel Lane, Stratford, to levy a distress on the prisoner's goods—I discovered there about thirty new waistcoats, a quantity of silk, a quantity of buttons, thread, cloth canvas, waistcoat backs, sleeve linings, several pairs of trowsers, and a great quantity of other articles belonging to tailors—I observed on the waistcoats Messrs. Moses's mark in figures, but I was not aware it was their mark at the time—it was a very small mark, in ink—I questioned the prisoner as to how he became possessed of them—he said he could not account for them—he said he had had some of them a long time, and then he said, supposing he bought them, how would it be then?—on the following Monday I revisited his house, and then thirteen of the waistcoats were missing, but I found the cloth, and some other things—I noticed a

clock case there, and in it I found a waistcoat and a pair of trowsers—the prisoner said he could not account for them.

Cross-examined by MR. RIBTON. Q. On the Monday you found all the property you had seen on the Saturday, except the waistcoats? A. Yes—the prisoner might carry on a business himself, but I believe he does not—I went to levy for debt, with another broker—the prisoner's wife was there; no one else—the prisoner said he could not account for them—he said he had had some of them a long time—he said he could not account for the waistcoats or the cloth—I believe I recollect the whole of the conversation, I did not take it down—I would not say that he did not say he could not account for some as he had had them a long time—he said, supposing he had bought them, how would that do?—he said he could account for some of them—it was with respect to the pair of trowsers that he said he had bought them—I saw twenty-eight or thirty waistcoats on the Saturday, and on the Monday thirteen of them had been taken away, thirteen that had been in a box by themselves—his house is small, only one room up stairs, and one down—some of the property I found up stairs, and some down.

HENRY STURGEON . (Policeman, N 492). On 30th March I accompanied the last witness to Angel Lane, Stratford—I there found a quantity of cloth with a red mark—there were the initials "E. M. S;" some pieces of cloth, a quantity of linen, some silesia, some buttons, silk thread, and other things—the prisoner did not make any observation to me as to how he became possessed of them—after I had him in custody, and while we were waiting for the conveyance to take him to London, he said, "Suppose I could account that I bought these things, how would it be then?"—I found a box with a seal on it in the workshop—that was opened, and this coat was taken out of it, and in the coat pockets I found eight bags, containing silk, and a great quantity of silk loose—here are four pockets extending the Whole breadth of the skirt of the coat.

Cross-examined. Q. You found this coat in the box in the workshop of the prosecutor? A. Yes—all the other things were in the prisoner's house—here is one piece of cloth with "E. M. S." on it.

MICHAEL DEARBERG . I am in the prosecutor's service. The prisoner has been in their service for ten years—he was employed in the workshop—in that workshop Was a box, which I placed a seal on, and delivered it to the policeman—that box was used by the prisoner himself, and I have seen him wear this coat that was taken out of it—this silk is the kind of silk that was used in the workshop, of which the prisoner was the overlooker—he had no right at all to any of this silk as perquisites—this silk is worth about 36s. a pound—this cloth is the property of Messrs. Moses—it is in pieces, but every particle of this cloth could be brought into use for making boots—I have examined all this property—to the best of my belief, it is all my employers'.

Cross-examined. Q. What is this other property? A. It is linen—it is in small pieces, quarters of yards and half yards—I certainly do not identify these, but to the best of my belief they are all Messrs. Moses's—they are cut in this way for their business—here are six bundles of this linen—I do not identify these buttons, but I can identify the boxes they were in as having my mark on them—we buy them from different manufacturers—when the buttons are used the boxes become waste boxes—I identify these pieces of cloth with the seal on them—I believe I have examined all the pieces in these bundles—a great many have no mark—I am only able to

identify those which have the "E. M. S."—the prisoner has been in their service about ten years—his duty was to attend the workshop—he did not cut out; he superintended the workshop—he himself worked, and he might have taken work home—he would have the superintendence of the work which was given out to be made—there were two persons did that; he was one—the trimmings would be given to him, and by him to the workpeople—there would be trowsers ready cut out, and pieces given out for repairs; not large pieces; such as would be required for the job—he would have to give them out—he never bought any pieces that I am aware of—it was not the custom to give him a quantity of pieces for the purpose of doing certain repairs, only what he then required—I made an estimate of what would be required by what was to be done—my estimate might sometimes be over, and sometimes under—a piece would be given out for each article—he had no business to have more given to him than was required—if my estimate was over, a larger quantity of cloth would be given him than he actually wanted for the job—it appears that this has been going on for the last ten years—if four pieces of cloth were given him, and he could do with three pieces, he would not look on the one piece as his perquisite—they have no right to take anything off the premises—if pieces were given to the persons to take off, and they brought the articles home done properly with a smaller quantity than was given to them, they might look upon the overplus as perquisites—I have been in the trade fifteen years, and have been with Messrs. Moses twelve years—I have sold the prisoner a trowsers length of cloth, for which, of course, he had a bill—I do not know whether there were bills found in his possession; there might be—if I have sold him anything, it would be a length for a pair of trowsers—I may have sold him other things for his own wear; I really cannot tell—I do not know whether he had a shop—I will not undertake to say that he did not keep one—I may have sold him cloth; I never sold him silk—I do not recollect that I ever gave him things to take home to work at; I might have done it; I cannot tell what, nor when, nor what sort of things; it must have been clothing—he was to work at them, and make them up—he was not to cut them out—the cutter would cut them out—they would not come into my hands after they were out out—the material is given to the cutter to cut out—it would then go to the trimmer; he would put the trimmings—they would then come to the giver-out, Mr. Griffiths, and it would be his business to give them out—I give them out occasionally—I know a person named Kelly—I do not recollect that I have sold cloth to him; I might have done so, not on many occasions.

MR. W. J. PAYNE. Q. It is possible you have given him articles to repair; was it his duty to bring them back? A. Yes—the repairs were done on our premises—I do not know that there were any surplus pieces of cloth—some of those pieces have a seal on them—they are of the same sort as those without the seal—pieces like these are never sold on any occasion.

JAMES RICHARDS . On 30th March I opened a box in the work room, it had something in it—I did not put anything into it, or take anything out of it.

WILLIAM GRESHAM . I am in the prosecutor's employment. I was present when the box was opened by the last witness—it was full—the coat was in it—I saw it sealed up with the things in it—I sent Richards to take it down.

THOMAS HUMPHREYS . I am foreman of the trimming department at the prosecutor's. It was my duty to give the prisoner the necessary quantity

of trimming—this is the kind of silk I was in the habit of giving to him—on the week before he was taken, I gave him about six skeins—I did not give him the silk found in this coat—this is all of the same quality.

Cross-examined. Q. You will not identify the silk? A. No—the six skeins I gave him the week before were about a quarter of an ounce—I have been in the habit of giving him trimmings about twelve months—I have been there about ten years—I was in the habit of giving the prisoner silk enough for the whole week—I made a guess of what he would require—I never gave him more than six or seven skeins—if the business ran slack one week, and I thought he had enough for the week after, I did not give him more—if he came and asked for more, I should examine the jobbing book to see what he had used, and whether he actually required more—if he has applied to me, I may have given him one skein—if I give six skeins, and five only are used, the men are not supposed to keep what is left—it is not allowed in Moses's establishment—I have not known it to be the case in other establishments—I may have given the prisoner pieces of linen to do repairs—I have not given him cloth—I do not know whether he was doing any business, I never was at his house—I do not know where he lived—I never sold trimmings to any of the men—I never sold them to the prisoner—the prisoner was captain of the shop; he had to superintend the repairing of the goods—he had four men under him, they do the repairs on the premises—it was the prisoner's duty to deliver the work to those men—it was not allowed to any of them to take the work home—I am not aware that the prisoner took any home—supposing he did not return all the silk I gave him, he would not become possessed of 3lbs. of silk in ten years.

MR. RIBTON., for he Defence, called

JOEL KELLY . I am a tailor, in the employ of Mr. Norton, of Lombard Street, for nearly five years—I was in the employ of Messrs. Moses—I have known the prisoner, he was a very upright man—any little money that we raised was always placed in his hands—I have been at his house, he had a little business of his own—when work is given out to workmen, and there remain small portions of cloth, they are looked on as perquisites—it is unknown in the trade for them to be returned, no master expects it, no journeyman does it—I have sold cloth to the prisoner—I bought some cloth of Mr. Dunbar, a yard and three quarters—I sold it all to the prisoner—it was spoiled in making up—the man was tipsy, and spoiled it—I sold it to the prisoner for 15s. 6d.—he was in the habit of doing private trade very often—persons in tailors' employ do a little private trade if they can, there is no prohibition against it that I am aware of—I think I should know what I sold to the prisoner, it was a coat piece of cloth—I unripped it, and made it up for a small person—the man that had made it made the lappel to roll over at the bottom—it was sold six or seven years ago—this piece is the only one that bears the appearance of it—it might have been this—these are such pieces as journeymen tailors would have left, supposing a man had pieces to take home, and that was to extend over a period of ten years, they would be very numerous—these are the sort of pieces I should expect to find accumulated in ten years—these pieces of linen are pieces that would be left from the repairs.

Cross-examined by MR. W. J. PAYNE. Q. How long were you in Messrs. Moses's employ? A. Six years—I had pieces of cloth given me, and so much silk—I used to take cloth; I do not know that I told anybody that I took it—there were ninety-seven men worked there—they all knew it—I am not aware that Mr. Moses knew it—they never expect any returned—I

used to take it any time when I could make less do than was allowed, those pieces I kept—I had to take the work home, and pieces also—I used to consider the silk perquisites—I used to have six skeins a week—sometimes I would take one skein a week perhaps, and sometimes I should be short—I am not aware that I ever asked for more—the cloth here is worth more than 15s. 6d.

MR. RIBTON. Q. You were in the habit of getting work to take home? A. Yes, altering, and jobbing, and making as well—I cut out at home for my own work—they gave me cloth to cut out collars, and facings, and capes—one journeyman may by superior judgment cut out less than another can—half a yard of cloth would be given me, or sometimes more or less, according to the size of the coat—it is impossible to tell out of what part of the coat these pieces came—these are pieces that might remain from the portion that would be given to the men to cut out at home—I never heard of a small piece that was left being taken back—if I had to sell this piece (looking at one), I should get about 6d. for it—if pieces of this kind were to go on accumulating for ten years they would amount to this quantity.

COURT. Q. What was the department you were in? A. The department for coats, trowsers, and waistcoats—the cloth for the coat is cut out exactly as it is to be used—the part I have to cut out is for lappels, and facings, and collars, and cuffs—that cloth is the same quality as the other part—the quantity given to me would be about half a yard—I could not do it with much less than half a yard—these pieces are such as might be left by making the facings narrower—all these pieces are such as might be left out of those half yards—a great many articles must have been made to have left all this, some hundreds—while I was at Messrs. Moses's, facings were given out at once to make two or three coats—I never had a yard and a half given me in one piece—I have taken work home—I have worked all night—the cloth was given out in half yard quantities—it would be hollowed out before it was given to me—all the pieces here are such as were given out for cuffs and collars.

(The prisoner received a good character.)

GUILTY .— Four Years Penal Servitude.

THIRD COURT.—Wednesday, May 13th, 1857.

PRESENT—Mr. Ald, FARNCOMB.; Mr. Ald. EAGLETON.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Ninth Jury.

Reference Number: t18570511-589

589. ROBERT WATSON (21) , Unlawfully uttering counterfeit coin.

MR. PAYNE. conducted the Prosecution.

HENRY WACKLEY . I am eight years old, and live with my father and mother, at No. 51, Long Lane, Smithfield. On a Tuesday morning, some time ago, I was playing in Smithfield, and the prisoner came up to me, and said, "Go and get a pennyworth of water cresses, and bring them to me"—he gave me a 2s. piece, and told me I was to go to a shop kept by Mrs. Goman, in Long Lane—I went there, and Mr. Goman tried the money, said that it was bad, and went to fetch a policeman—I was kept there till my father came.

Prisoner. Q. What do you swear to me by? A. by your hair; no one else has got hair the same colour as yours.

WILLIAM GOMAN . I am a greengrocer, of Long Lane. On 7th April, about half past 5 o'clock in the evening, this little boy came to my shop for some water cresses, and gave me a bad florin—I punched a hole in it, and nailed it against the window—I afterwards gave it to Dudley—the boy said that a man had given it to him.

ELIZA STOCKS . I am getting on for ten years old, and live with my father and mother, at No. 24, Middle Street, Cloth Fair. On Tuesday evening, 4th April, I was in Cloth Fair, and the prisoner asked me to go and get him a quarter of a pound of cheese, and gave me half a crown—I was to go to the little shop, that is, Mrs. Dunton's—he said he would give me a halfpenny—I went and got the cheese and the change, and gave them to the prisoner, and he gave me a halfpenny—the cheese was wrapped up in a paper.

Prisoner. Q. What do you know me by? A. By your hair.

JOHN WILLIAM CANTWELL . I am seven years old, and live with my grandmother, at No. 27, Cloth Fair. On Tuesday night, 14th April, I was in a court in Cloth Fair, and saw the prisoner—he said, "Johnny, will you go and get me three penny nice eggs, and I will give you a halfpenny"—he told me I was to go to Mrs. Dunton's shop—he gave me half a crown—I got the eggs, paid for them with the half crown, got the change, and gave it to the prisoner—Mr. Harrison came and spoke to me, and caught hold of the prisoner by the collar.

FREDERICK HARRISON . I am a butcher, of King Street, Cloth Fair. On Tuesday, 14th April, I saw Cantwell at Mrs. Dunton's shop—I saw her give him three eggs and some change—I snatched the half crown out of her hand before she could put it into the till, and found it was bad—I threw it on the counter, and went after the boy—I saw him in a court opposite, stepped up behind the prisoner, and saw the boy put the money into his hand—he said, "That is right, my little dear," or something to that effect, and put the change into his pocket—he was putting the eggs under his coat when I collared him, and said, "I want you;" he said, "Unhand me, what do you want of me?"—I took him to Mrs. Dunton's, and he was given into custody.

Prisoner. Q. Was not I at one end of the court, and you at the other? A. No, I was behind you, and the child was in front of you.

CHARLES MUNDAY . I am a surgeon, of No. 86, Snow Hill. I am attending Mrs. Mary Ann Dunton, of No. 6 1/2, King Street, Cloth Fair. She is suffering from acute rheumatism, and is unfit to come here and give evidence.

EDWARD JOSEPH DUDLEY . (City policeman, 528). I was present at the prisoner's examination before the Magistrate—I heard Mrs. Dunton examined in his presence—he had the opportunity of putting questions to her—her examination was taken down in writing—(Read: "I am the wife of Matthew Dunton, of No. 6 1/2, King Street, cloth Fair, general dealer. Yesterday evening, 14th April, about half past 8 o'clock, the little boy now present, John William Cantwell, came to my shop, and asked for three penny eggs, and he gave me a half crown, and I gave him 2s. 3d. in change and the eggs—a Mr. Harrison, now present, immediately afterwards came into the shop, and took the half crown out of my hand, and it was found to be bad, and he went out of the shop immediately to look for

the child, and the prisoner was brought back by Mr. Harrison, and given in charge—the half crown produced by the officer is that which the boy Cantwell gave to me—the little girl now present (Eliza Stocks) came into the shop about a quarter of an hour before the boy Cantwell came in, and she asked me for a quarter of a pound of cheese, and she gave me a half crown, and I gave her the change and the cheese wrapped in paper, a piece of Lloyd's Newspaper—I put the half crown into the till, but there were two other half crowns there at that time, which I had taken myself, and which I found to be bad, and which I afterwards gave to the sergeant at the station house—the quarter of a pound of cheese and the paper produced are the cheese and paper which I gave to the girl (Eliza Stocks), and the half crown produced by the officer is that which I received from the boy. Mary Ann Dunton.")—on Tuesday night, 14th April, I took the prisoner into custody—I searched him at the station, and found on him a small quantity of tea and sugar, and some butter and cheese, which was wrapped up in a small piece of Lloyd's Newspaper, 8s. in good silver, and 7 1/2 d. in copper—he took the money out of his trowsers pocket, and held it in his hand till I took it—I also found some duplicates and a ring—I received this half crown (produced) from Mrs. Dunton, and these other three from the sergeant at the station, and this bad florin from Mr. Goman.

JOHN HINE JOHNSON . (City policeman, 86). I was on duty at the station, and received three half crowns from Mrs. Dunton—I gave them to Dudley.

Prisoner. Q. Why was I not put with other men to be recognised? A. You were not pointed out by any person—I did not fetch you out of the cell—I opened the cell door on one occasion, and you were there with other prisoners, but you were not pointed out by me or by any one in my presence—the child Wackley came to the station with his father and another man; you were brought out, and the child stood and looked at you, he hesitated; there was not a word said: he said, "That is the man who gave me the florin"—Eliza Stocks was token to the cell the following morning, and if I recollect right there were two other prisoners there—she stood at the cell door, and said, "That is the man"—Cantwell came down with Mrs. Dunton, he stood in the dock, and pointed out the man.

WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint. This half crown is counterfeit—the other three are also counterfeit, and from the same mould, but not from the same mould as the first—the florin is also bad.

Prisoners Defence. I have been hardly done by; I ought to have been placed with other men, and picked out.

GUILTY .— Confined Eighteen Months.

Reference Number: t18570511-590

590. JOHN FINLEY (32) , Feloniously forging and uttering a request for the delivery of goods, with intent to defraud.

JOHN SMALE . I supply dentists' materials, and live at No. 19, Great Marlborough Street. On 9th April, the prisoner, whom I did not know, brought me this order—(Read: "21, Southampton Street, Bloomsbury Square. Messrs. Smale, be good enough to send me by bearer eighteen carat plate to pattern, one length of pin wire, and about 1 dwt No. 3 solder. Your's respectfully, John Whiteman Webb. Please send bill of the above. April 9th.")—I knew John Whiteman Webb; he is an occasional customer of our's—I supplied the goods to the prisoner, and he took them away—I thought the order was Mr. Webb's writing.

JOHN WHITEMAN WEBB . My house of business is in Southampton Street, Bloomsbury Square—I occasionally deal with Messrs. Smale—this

order is not my writing; I gave nobody authority to write it, nor did I receive the goods mentioned in it—I have never seen the prisoner before.

HENRY MOSES RICKETTS . (Policeman, C 127). I took the prisoner; he heard the charge read, but said nothing.

Prisoner's Defence. I am a stranger in London; I met a Mr. Webb in Oxford Street, at a public house; I told him I had nothing to do; he gave me a shilling, and told me to meet him the following day at 3 o'clock, at 21, Southampton Street, Russell Square, and he would give me a job; I did so, and he gave me a letter, and directed me to go to Mr. Smale, who would give me a small parcel; when I came back, he gave me 1s. 6d., and appointed a day to meet him again; I met him at No. 21, Southampton Street, and he sent me to Mr. Ask's; I met him by accident on the day I was taken, and he sent me to Mr. Smale's, and told me to meet him at the Globe Hotel, Museum Street, and he would give me 2s. 6d.; he must know Mr. Webb, and where he dealt, or he would not have known where to send for the articles used by dentists, or he must have been in Mr. Webb's employ if he is not now.

GUILTY .— Four Years Penal Servitude.

Reference Number: t18570511-591

591. JOHN FINLEY (32) was again indicted for feloniously forging and uttering a request for the delivery of goods, with intent to defraud.

JOHN SMALE . On 28th April the prisoner came to me, and produced this letter—(Read: "No. 21, Southampton Street, Bloomsbury. To Messrs. Smale. Dear Sirs,—You will greatly accommodate me by sending per bearer the enclosed order. I shall be calling on you in the course of the week to make a selection, when I will settle my account with you. Yours respectfully, J. W. Webb,—16 plate to pattern, 1 gilt spring, 3 1/4 in. wheels, 1 1/2 in. ditto thick, and 1 bag of plaister")—I objected to give him the goods, because it is usual to pay for one order under the other, and the order of 9th April had not been paid for—I told him so, and he said that Mr. Webb had sent no money, but would call—I requested him to wait while I consulted my brother, upon which he made for the door, opened it, and went out—he ran down the street, and was brought back by one of our men, and was given into custody; he said nothing.

Prisoner. He asked me if Mr. Webb sent any money; I said, "No;" I perceived that there was something wrong, and went to see Mr. Webb, who promised to meet me at the place appointed, but they followed me, and brought me back.

JOHN WHITEMAN WEBB . This paper is not in my writing, nor did I authorise anybody to write it—I did not send anybody to Messrs. Smale for these things—I know nothing of the prisoner.

Prisoner. Q. Have you got any assistants in your establishment? A. Not at present—a person must be a dentist to write this order—I have had two persons in my establishment named Webb, they were no relations of mine; one was a porter, and one was an assistant—it turned out afterwards that they were brothers, but I did not know it—one was George Webb, and the other William Charles Webb.

COURT. Q. When did they leave you? A. I should imagine it is about twelve months ago—I gave the assistant a recommendation to a person at Birmingham, as he behaved very well, and was very honest, as far as I knew—I know that he went there—I do not know what became of the porter; the assistant left before him—the porter could write, he was a well educated man—I could not swear to his writing—I cannot say whether this note is his writing; I have no idea whose it is at all—I have heard of both of them

since they left, the assistant sent to thank me for the recommendation, and the porter called on me perhaps six months ago, and said that he was very badly off; I gave him a trifle, and have not heard of him since.

HENRY MOSES RICKETTS . (Policeman). I took the prisoner at Mr. Smale's, and heard the charge stated to him—he said nothing—he gave his address at a common lodging house in George Street, Bloomsbury, and he had lodged there for about a week—I searched him, and found on him this pocket book, knife, and pencil.

Prisoners Defence. I am innocent; I am a stranger in London; I lived at this place a week; I met a gentleman who called himself Mr. Webb, and was very glad to get something to do from him—(A copy of the forged order was found in the pocket book, and appeared to have been attempted to be effaced.)

GUILTY .— Four Years Penal Servitude, concurrent with the former sentence.

(There was another indictment against the prisoner.)

Reference Number: t18570511-592

592. JOHN MCCARTHY (27) , Burglariously breaking and entering the dwelling house of Mark Boyd, and stealing 3 mantles, 1 opera glass, and other articles, value 18l., his property.

MR. ORRIDGE. conducted the Prosecution.

WILLIAM COLE . (Policeman, B 72). On Saturday, 6th April, I was on duty in Victoria Street, Westminster, and saw the prisoner about half past 3 o'clock in the morning, with an empty sack on his shoulder; there was another man with him—I walked round my beat, which would take me twenty minutes, and on my return saw them with the sack full—I asked him what he had got—he said, "Some market things, some greens"—the other man was on the other side of the street—I said, "You must let me look"—he flung the sack down, put his legs between mine, flung me down, and ran away—Clayton came up, and took him—I did not see him catch him, but saw him directly afterwards—I picked up the sack, it contained these clothes, this opera glass, and a great many more articles.

Cross-examined by MR. THOMPSON. Q. Are there not a great many small streets running into Victoria Street? A. Three or four—I had not met other persons for an hour before—my beat is all in Victoria Street, but I have to go to the back of the houses—I had not known either of them before—the sack is not here, it is at the station—I have never seen any market carts come that way to Covent Garden, but I was only on that beat four weeks—the prisoner did not say he picked up the sack at the time; he did at the examination at the Court.

MR. ORRIDGE. Q. Does your beat take you out of Victoria Street? A. Yes, for about two minutes—there was a lot of wearing apparel in the sack.

WILLIAM CLAYTON . (Policeman, B 136). On the morning of 4th April, I was on duty in Victoria Street, and saw the prisoner go up to Cole, chuck him on his back, and run away—I ran after him about 130 yards, and caught him in Church Court—I brought him back to where the sack was lying, and asked him what he had got there—he said, "Nothing but a few greens"—I looked into it, and found these articles, and a vast quantity of wearing apparel.

Cross-examined. Q. Can you tell me why the sack is not here? A. No; I have brought these articles in a handkerchief—I was about twenty yards from Cole, on the same side of the way, on my own beat; our beats join—I did not lose sight of the prisoner, it is all straight to the end of Little Church Street—he had to turn to get into Palmer's Passage, but I did not

lose sight of him—there were no other persons in the passage—I was only two or three yards from him all the way—I saw no other person.

MR. ORRIDOE. Q. Whether you lost sight of him or not, did he say that the sack contained greens? A. Yes.

SARAH EASTERBY . I live at No. 16, South Parade, Brompton. I was in the service of Mr. Mark Boyd, of Victoria Street—on the night before this happened I left everything quite safe, at half past 11o'clock, and about 7 next morning came into the library, and it was ransacked, and a great many things taken away—Mr. Boyd's papers were strewed about the room—these articles produced are his property.—I had not bolted the doors myself.

Cross-examined. Q. Were you the only servant? A. No, there was a man servant, and a cook; I was lady's maid—it was not my duty to fasten the doors, but I used to go round to see that all was fastened, as I was the last up—Mr. and Mrs. Boyd were in town—the other servants are there still—the cook does not sleep in the house, the man servant was in the house all night, I think—he used to fasten the premises, and I used to go round generally to see that they were all secure—I did not go to the back door that night, but I went in the morning to unbolt it to let the cook in, and it was open.

MR. ORRIDGE. Q. Did you look at the windows in the morning? A. Yes, the spare bed room window was open—I had not gone into it the night before to see that it was shut, as it is on the second flat—Mr. Boyd lost articles corresponding to all these, and I can identify them all.

COURT. Q. When you came down, was the front door open? A. It was closed, but unbolted; it was shut when I went to bed, but I cannot say whether it was fastened—the cook went out that way at 8 o'clock or half past—the footman is not here.

JAMES HILLS . I am porter at No. 67, Victoria Street. I left everything safe the night before at the bottom of the house—I have only charge of the front door.

GUILTY. of stealing only.

(The prisoner was further charged with having been before convicted.)

WILLIAM MILLERMAN . (Policeman, B 95). I produce a certificate—(Read: "Middlesex Sessions, Feb., 1854, John Davis, Convicted of stealing 240 receipt stamps: having been, before convicted of felony; Confined twelve months")—I was present—the prisoner is the person— George Davis is his proper name—I am sure he is the person, as, I lave had him at this Court before.

GUILTY.**— Six Years. Penal Servitude.

Reference Number: t18570511-593

593. GEORGE FORRESTER (21) , Feloniously forging and uttering a receipt for 7l. 2s. 8d., with intent to defraud.

MR. THOMPSON. conducted the Prosecution.

JOHN DENT . I am au auctioneer, living in High Street, Camden Town, and am one of the managers of the Camden Town Savings Bank. On 13th April, in the evening, the prisoner came and produced his ticket of a previous evening, he having given notice; and he came on this night to receive his money—I have not got the ticket, they are always destroyed—it would contain the number of his deposit book—this book (produced) is the pass book of depositor No. 5454—here is 7l. 1s. 6d. due to the depositor—that sum was paid on the copy of the book—he had stated that the book was lost, and applied to have another one made, which was done—the 7l. 1s. 6d., was till 21st June, but the interest was claimed till Nov. 20th, 1856—I paid him 7l. 2s. 8d., as he represented himself as John Hall—the book produced at

that time was in the hands of the actuary, who handed it over to me—here is his receipt for 7l. 2s. 8d., in this book (produced), at least he made a cross—I have written, "John Hall, his mark, J. D.," which are my initials—he said nothing to me about the money being his own.

Cross-examined by MR. PLATT. Q. Do you know anything of the payment of the money, except from what appears by your initials against the amount? A. That is all—I identify the prisoner as the lad who made the mark—he had not been there several times before with money to my knowledge; but I know that he had been there with money to pay in—a very great number of persons come and make marks, and I should identify them by the mark, and by my initials; but I cannot undertake to say who they are—the prisoner has been there to pay money in—persons often pay in money for other parties, as a trustee might pay in money to the Bank of England—strangers may pay in money when an account is opened—it is paid in to the account, and I cannot tell by whom—it may come from three or four persons, but then it would be a trust account.

COURT. Q. In that case in it always entered as A trust account? A. Yes, if mentioned, it is A. B. in trust.

MR. THOMPSON. Q. If the prisoner had represented himself as George Forrester, and signed the book in that name, should you have allowed him to draw out the money? A. Certainly not.

PHILIP NUTHALL KING . I am actuary of the Camden Town Savings Bank. On 6th April, the prisoner came, and said, "I have come to give notice to draw my money out"—he gave the name of John Hall—I asked him whether it was his money, and he said, "yes"—I gave him one of the tickets—I asked him where his book was—he said that his mistress had lost it, that is where he was apprenticed—he said, "Can I have a new book"—said, "Yes, on payment of Is, "—he said, "Very well, I want to have I new book"—a person has merely to state his name, and where he lives, and pay 1s., and I issue a new book to him—I turned to the declaration book, and found the number—this (produced) is the declaration book, signed by the depositor when he first comes to deposit—I gave the prisoner a new book, and he signed this book by his mark, for it, in this column, headed, "We, the undersigned, do give notice to withdraw the sums affixed to our names"—it is No. 5454, for 7l. Is. 6d., and 1s. 2d. interest—this "John Hall, his mark," is my writing—Mr. Hellender was the manager in attendance this day.

Cross-examined. Q. Had you ever seen the prisoner before? A. I had; always on occasions of paying money in-—there was nothing on this occasion at all extraordinary or suspicious in his manner-—I am sure he said, "It is my money"—there was nothing to induce me to think anything was wrong.

COURT. Q. Is it entered by you in the ledger at the same time, and does the manager put his initials, and is the book returned to the depositor? A. Yes—the entry is put to the account of the person to whom the book belongs, no matter who brings it—this original book I got from Mrs. Hall.

CATHERINE HALL . I live at No. 16, Grenville Street, Somers Town, and am the widow of John Hall, a sweep. The prisoner was his apprentice when he died—my husband had an account in the Camden Town Savings Bank, and this was his deposit book—he died on 9th March—this book was in my possession, after his death—I gave it to Mr. King a week after Easter Monday, it having remained under padlock and key ever since my husband's death—I sometimes gave the prisoner money to take to the savings bank, and he brought the book back, and I locked it up—it was my husband's

money which I gave him to take—I have not drawn any of it out, or authorised the prisoner or anybody to do so—the prisoner asked me after my husband's death to give him the bank book—I told him I would not; I said, "The money is not yours, and I will not deliver it to you; if you have got any demand on me, take me before a Magistrate"—I sent him with money, sometimes once a month, and sometimes once in six weeks; I cannot say, for I am no scholar—I sometimes sent him with 2s. or half a crown, or 3s., never with as much as 4s. 6d.—I never went myself—my husband used to go.

Cross-examined. Q. Do you know what your husband sent? A. Yes, and when he brought the book back I used to look at it—I know by the book that he had 6l. 18s. when he died—I cannot read—the prisoner was continually going to the bank with money in my husband's name—there was never any money sent to the bank, but I gave it to him myself, and the book also—he was an apprentice; he had no wages—he used to get money at gentlemen's houses; I cannot tell what he did with that—I have no bad feeling towards him—when my husband died, I never saw him till the Wednesday following—he went away on the Saturday, and my husband died on the Sunday—I am sixty-six years of age—I take my beer for dinner, and half a pint at 10 o'clock, and half a pint at supper—the prisoner actually applied to me for the book, and told me that he was going to the bank—I said that I would not give it to him, and he said that if I did not he would punish me—he did not say a word about his own money at that time, but away he went, saying he was going to get the money; but the book was locked up, and I had the keys in my pocket.

MR. THOMPSON. Q. Have you ever seen your husband give him money to pay in? A. Yes; a dozen times—nothing has been drawn out from the bank from the commencement to the termination of the account.

COURT. Q. You say, that after your husband's death the prisoner came on the following Wednesday; was it on that day that he said anything to you about the bank book? A. Yes; he came and asked me for his clothes, and the bank book—I told him that I would not deliver them up, he must call in a week—he did call in a week—I gave up his clothes, and he said, "Are not you going to give me the bank book;" I said, "No; the money is not yourn, and if you want anything, take me before a Magistrate;" he said, "The money is mine, and if you do not deliver it up, I will punish you for it"—he bad never claimed the money before my husband's death; he did not come back after that—I did not see him again till Easter Monday, when he was in the court, with a lot of others, in liquor—these (produced) are his indentures (Dated 11th Feb., 1853)—I gave them up to him after my husband's death—he cannot read or write; I sent him to a school.

COURT. to PHILIP NUTHALL KING. Q. Did the prisoner say, when he came, that he came to give notice for John Hall, to draw the money out? A. Yes—I said, "What is your name," and he said, "John Hall"—I said, "Is it your money;" he said, "Yes."

(The prisoner received a good character.)

NOT GUILTY .

Reference Number: t18570511-594

594. ALEXANDER GEORGE WOOD (21) was indicted for bigamy.

MR. TALFOURD SALTER. conducted the Prosecution.

MARY ROBERTS . I am the wife of Jesse Roberts, of Denton, near Newhaven. I have known the prisoner since 1844—on Thursday, 29th March, 1855, I was at the registrar's office of the parish of St. George, Canterbury, when the prisoner was married to my daughter-in-law, Charlotte

Roberts, my husband's daughter by a former marriage—she was alive on Thursday last—they remained in Canterbury, in my daughter-in-law's lodgings, till the Saturday, and then he went to his situation, in Ashford, which is fourteen or fifteen miles from Canterbury—he was assistant to a chemist and druggist there, and my daughter-in-law had lived there as servant; she remained at Canterbury till the Tuesday, and then went home with me to my house, at Rotherfield, in Essex, where she remained till Sept, 1855—the prisoner came twice to visit her in the course of those six months—he stayed for three nights at one time, and at another time he left his situation, and remained a month or five weeks, till he took his wife and child to London—the child was born at my house—I have never seen him since till last Thursday—he was on the most friendly terms with his wife, and I thought them a very happy couple—I have seen him write, and know his writing—this letter (produced) was sent to my house, at Rotherfield—these three letters are in his writing—(Two of these were to his wife, and dated 30th March, 1855, and 14th July, 1855; and the third, dated 27th April, 1857, was to the woman whom he afterwards married)—the prisoner said that he was twenty when he was married; my daughter was twenty in May as she was married in March—I cannot say that I looked at his age in the register when he had signed.

SUSANNAH JANE SEAWARD . In Jan., 1856, I became acquainted with the prisoner, by living as servant at Mr. Carter's, a chemist, in Smithfield, where he was in a situation, and last June he made me an offer of marriage—he did not tell me his age till we went to Church, and then he put it down in the book—I supposed he was a single man when I accepted him; he did not say anything about it—I have spelt my name wrong in my deposition; I have put "Susan" instead of "Jane"—I have not communicated with the attorney, Mr. Martin, since I made that deposition, but my sister did—I was married to the prisoner on 23rd Feb., at St. George's, Bloomsbury, by banns—my sister, Mrs. Owens, and my brother, were present—I lived with the prisoner as his wife only one night, Feb. 23rd, and returned to my place on the 24th—that is the only time I lived with him, but I am in the family way by him—that is for the first time—I have left my situation now—I received this letter from the prisoner, dated from the House of Detention—I expect to be confined about the latter end of Nov., or the beginning of Dec.—I heard at the latter end of April that he had been married before.

Prisoner's Defence. I lived in the same employment with my first wife, and got her in the family way, and the stepmother came to me, and threatened to expose me to my master if I did not marry her; I would not consent, but afterwards agreed; they then went to Canterbury, and gave the names, and told them we were both inhabitants of Canterbury, and were both of age, whereas I was only nineteen; soon after I found I had been allured into a most disgraceful family, that one of my wife's sisters had had two illegitimate children, and since that has had another, and all by different fathers; some time afterwards I heard of my wife's disgraceful conduct before marriage, that she frequently had connection with a young man named Elger; I accused her of it, and she not only admitted it, but defied me to do anything; I was led away by an artful, designing woman, who took advantage of my youth; and I ask if your Lordship considers my first marriage legal? and I was not in Canterbury before the marriage took place, whereas the law requires nine clear days.

MARY ROBERTS . re-examined. One of the sisters did have two illegitimate

children, but it was before I knew them—I do not know a man named Elger, but I am not a native of Ashford—I never knew any one to be acquainted with her but the prisoner—she was a virtuous, good servant—it is not true that she was in the family way, and that I went and insisted on the prisoner marrying her—she was confined in May, about six weeks after the marriage—I did find out that she was in the family way, and asked the prisoner, and he said that there was nothing the matter with her—he afterwards owned it, and said that he would make her honourable—I did not persuade him to marry her; he did so voluntarily—she had had no child before; she has had another since they have been in London, about Feb.

(MR. TALFOURD SALTER. contended that, under the 4th Geo. IV., c. 17, s. 12, the non-consent of the parents did not make the marriage void, but only voidable by law. The COURT. considered that if there was any difficulty, it could be decided hereafter.)

GUILTY .— Confined Six Months.

Reference Number: t18570511-595

595. HENRY FITZGERALD (22) , Burglariously breaking and entering the dwelling house of Richard West, at Acton, and stealing there in I shawl, 8 yards of flannel, and 1 shift, value 30s.; the goods of Sarah West: 3 shawls, 1 razor, and other articles, value 1l. 17s.; the goods of Henry Jennings: and 1 gun, 32 cigars, and other articles, value 36s.; the goods of the said Richard West. MR. T. SALTER. conducted the Prosecution.

WILLIAM GRAY . (Policeman, T 248). On Sunday morning, 19th April, about half past 2 o'clock, I was in the Uxbridge Road, in the parish of Acton, and saw the prisoner with a gun on his shoulder, and a very heavy bundle attached to it, containing these four shawls, two pieces of flannel, a pair of goloshes, seventy-three screws of tobacco, a shirt, a razor, 14 lbs. of tea, some cigars, and a coat—he was running in a direction from the Orange Tree public house, and about 120 yards from it, towards London—he was sober—I asked him who the gun belonged to; he said that he got it from his brother, at Marlow, and that he was a hawker, and the bundle contained all sorts of things—after examining it, I took him to the station, searched him, and found 3 1/2 d. in copper, two duplicates, and some watches—I took him past a flower bed at the station.

MARTHA JENNINGS . I am the wife of Henry Jennings. My brother is the proprietor of the Orange Tree—I looked up his house on Saturday night, 18th April—I secured the tap room window by two bolts, one at the top and one at the bottom—I was the last person up, and went to bed about 12 o'clock—I was aroused about 4 o'clock by the police—these shawls, flannel, goloshes, tea, and sugar, belong to my husband; I missed them from a little room adjoining the bar—the rest belong to my mother and my brother—I found a pane of glass broken in the tap room window, so that anybody could put their hand through and turn the button; there would then be space for a man to pass in.

JOHN MANSELL . (Police sergeant, T 1). I was at the station when the prisoner was brought in—I saw him searched; he said that he had brought the things from Marlow, and had been drinking at a public house at Acton—he described the house and the landlord, and I went to the Orange Tree, and found the cellar flap insecurely fastened—I went through it to the foot of the bed room stairs, and awoke the inmates—the tap room window was open, and a square of glass broken—on my return to the station, I found this chisel (produced) lying on a flower bed in the garden; it corresponds with some marks on the putty of the broken square of glass.

GUILTY .— Confined Twelve Months.

Reference Number: t18570511-596

596. THOMAS SMITH (28) , Feloniously forging and uttering a request for the delivery of 30 feet of pipe, with intent to defraud.

ALFRED SYER . I am a lead and glass dealer, and live at No. 4, Angel Place, Pentonville. On 18th April the prisoner brought me this order—(Read: "Please let bearer have two lengths of nine inch pipe. William Davies, 18th April, 1857.")—Mr. Davies was a customer of mine, and I let the prisoner have the goods, having seen him once before, on April 2nd, when he also brought me an order.

WILLIAM DAVIES . I am a plumber, of No. 18, Cliff Street, and deal with Mr. Syer. I did not write this paper, or authorize anybody to write it for me; I never received the goods mentioned in it—I do not know the prisoner.

GEORGE GOVAS . (Policeman, N 220). I took the prisoner.

Prisoner's Defence. I had the paper given to me by a man who represented his name to be Davis, and delivered the goods to him.

GUILTY .—He was further charged with having been before convicted.

LUKE JAMES TOMPKIN . (Policeman). I produce a certificate—(Read: "Clerkenwell Sessions; Thomas Adams, Convicted, on his own confession, Nov, 1856, of stealing a copper boiler—Confined one month")—I was present—the prisoner is the man.

GUILTY.—Mr. Syer stated that the prisoner had obtained 12l. worth of goods of him with nine different orders.— Six Years Penal Servitude.

(There were two other indictments against the prisoner.)

OLD COURT.—Thursday, May 14th, 1857.

PRESENT—Lord Chief Justice CAMPBELL.; Mr. Justice CRESS WELL.; Six JOHN MUSGROVE., Bart., Ald.; and Mr. Ald. Rose.

Before Mr. Justice Cresswell and the Fourth Jury.

Reference Number: t18570511-597

597. ELIZA HIGGINS (21) was indicted for the wilful murder of a certain female child, called Eliza.

MESSRS. BODKIN. and CLERK. conducted the Prosecution.

ANN TURNER . I have charge of one of the wards at the workhouse of St. Luke, Chelsea. The prisoner was an inmate of the workhouse in Feb.—she was delivered of a female child there on 21st Feb.—she left the work-house on 24th March, with the child—it was then quite well—I saw the child again on the 25th, first at the receiving house, and then at the station—it was taken to St. Margaret's workhouse, and I saw it there dead.

Cross-examined by MR. SLEIGH. Q. How long had she been in the workhouse before she was confined? A. That I cannot tell—she came there for the purpose of being confined—she was not obliged to leave.

MARY ANN WIX . I live in Queen Street, Chelsea. I have known the prisoner about sixteen months—she was a domestic servant, and went out cleaning, and doing anything that she could get to do—I was aware of her being in the family way in Feb. last—she was living in my house, and left to go to the workhouse to be confined—on 24th March, between 3 and 4 o'clock in the afternoon, she came to me, bringing her baby with her—it appeared well, for anything that I saw—she left my house about 8 o'clock

at night—I told her to go and get a room for her and her baby, and she told me she would—she took the child with her—she returned between 11 and 12 o'clock, without her baby—she said she wanted a bed for herself—I asked where her baby was—she said she had put it out to nurse—I asked her where—she said that was her business—she slept at my house, with another lodger—I saw her again in the morning, between 7 and 8 o'clock, and I asked her where the child was, but she would not tell me—she was taken into custody at my house, about 11 or 12 o'clock.

Cross-examined. Q. She came to your house direct from the workhouse? A. Yes—she did not ask me to allow her to stay at my house, for I told her I had no room, and advised her to try and get a lodging elsewhere.

HARRIET HALL . I live at No. 5, Union Place, Westminster. I know the prisoner—I knew that she was in the family way in the winter time—on the evening of 24th March, about half past 10 o'clock, I was standing at the corner of Charles Street, Trevor Square, Knightsbridge, and she came up to me—I asked her how her baby was—she said it was dead—I asked her if it was born dead—she said, no, it had died two or three hours afterwards—I said it was a good thing it was dead, as the had to go out to get her living—the place where I met her is about 100 yards from Hill Street—she was coming from Hill Street.

WILLIAM TIDDEESLEY . I am a coachman, and live in Prince's Terrace, Knightsbridge. On 24th March, about a quarter past 11 o'clock at night, I was passing Hill Street, and heard a noise, which called my attention to an area in front of one of the houses there—it turned out to be a female child—it was lying at the bottom of the area—I called the attention of a police constable to it, and he came up.

WILLIAM DAYBORN . (Policeman, B 177). I was called by Tiddersley to the area in Hill Street—I found in that area a female child—the area belongs to a cloth factory in Hill Street—there are three iron railings to it, running parallel to the street—the railing is three feet high, and stands on a coping stone level with the pavement—the area is three feet four below the level of the street; that makes six feet four from the top of the railing to the bottom of the area—the child was lying on its right side, and its legs as if sticking to the area, and its bedgown was sticking up close against the brickwork which forms part of the area against the road; it was lying parallel with the area—the area is paved with bricks—I took the child to the station, and then to St. Margaret's workhouse, where I delivered it to the nurse.

Cross-examined. Q. Is there an abrupt projection of the brickwork inside the area? A. The coping stone projects over into the area two inches; I measured it—if anything was held over into the area, it might strike against the coping stone—there are no steps down into the area—there are three railings running along parallel with the street; the first is ten inches high, the next twelve, and the next eleven.

DINAH REED . I am a nurse at St. Margaret's workhouse. I received the child from the last witness, on 25th March, at a quarter past 12 o'clock—Mr. Lavies, the surgeon, saw it every day afterwards—it died on 1st April—Mrs. Turner came there to see it.

ROBERT WRIGHT . (Police sergeant, B 6). I went to the house of Mrs. Wix on 26th March, about half past 12 o'clock in the morning, and took the prisoner into custody—I told her it was for deserting her child in Hill Street, Knightsbridge—she said, "Yes, it is quite right."

Cross-examined. Q. When you went up stairs, did not you find this poor creature in a fit, and raving, and calling out for a razor to cut her throat? A. Yes; she was apparently in a distracted state.

JOHN LAVIES . I am a surgeon. I saw this child about 9 o'clock in the morning, after it was admitted—I saw it every day until it died—at first there was no evidence of external violence, except a bruise at the corner of the right eye; the day before its death there was an extensive tumefaction of the right side of the back of the head; the bruised appearance of the eye was also more extensive, and the pupil of the eye was dilated, indicating compression of the brain—she died on the following day, 1st April—a postmortem examination was made by my son.

JOSEPH SAMUEL LAVIES ., M. D. I made a post mortem examination of the child—on removing the scalp, I noticed considerable engorgement of the vessels generally between the scalp and skull, and far back on the head, on the right side, I found two complete fractures of the skull, one of them about three inches in length, and the other about two inches; they met at a point—an abscess had formed underneath—that must have been some days in forming—that was the cause of death—it was a consequence of the fracture—I should not have expected the falling of the child into the area to have produced the fracture, because it is a very unusual thing for the bones of a child to be fractured at all, unless very great violence is used—the bones are very soft indeed at that age—I do not mean to say that it could not have happened in that way, only I should not have expected it.

WILLIAM LARNER . I am registrar of births of Chelsea North West District I have the register here of the birth of this child, signed by the prisoner—it was registered by the name of Eliza, in the workhouse.

GUILTY. of Manslaughter.—Recommended to mercy by the Jury, who expressed their opinion that the bastardy laws had a strong tendency to increase this class of crime. Six Years Penal Servitude.

Reference Number: t18570511-598

598. REBECCA RICE HAMILTON (33) was indicted for feloniously sending to Thomas Welch a letter threatening to accuse him of an infamous crime, with intent to extort money.

MESSRS. BODKIN. and LOCKE. conducted the Prosecution.

THOMAS THOMPSON . I am assistant to Messrs. Welch and Margetson, of Nos. 16 and 17, Cheapside. On the morning of 24th March last I found a letter in the letter box in the outer door of the premises; I gave it to Mr. Thompson, the cashier—this is it (produced)—on 1st April I took another letter out of the letter box; I likewise gave that to Mr. Thompson—I have been in Messrs. Welch's service three and a half years—I do not recollect when envelopes like this were used, they are not used now.

COURT. Q. Were they used when you first went there? A. No.

HENRY THOMPSON . I am cashier to Messrs. Welch and Margetson. I have been in their service between eleven and twelve years—it is some years since we have ceased to use envelopes like this—they were used for the purpose of communications from our factory, at Bridge Place, to our house, in Cheapside, which at that time was at No. 134, as this is addressed—I do not know the prisoner; I do not know that she was in the employment of the firm; I am at Cheapside—I received from my son these two letters, one on 24th March, and the other on 1st April—they were not sealed or fastened in any way—I read part of the second, and then forwarded them to Mr. Thomas Welch.

THOMAS WELCH . I carry on the business of a wholesale warehouseman at Nos. 16 and 17, Cheapside. On 24th March I received this letter from the last witness, and this in the envelope on 1st April—I know the prisoner—she worked for me about March, 1855; she took the work out from the factory once a week—we were not using these envelopes at that time, not in 1855—there were some at the factory; I do not recollect where they were kept—they were kept about the warehouse—the prisoner came into the warehouse to get her work, and these envelopes were about there—she has not been employed by me since March, 1856—while she was in my service, she brought me some letters—they are in the possession of the detective officer; I handed some of them to him—(some letters were here produced by the officer)—some of these letters are addressed to me, others are addressed to young men in my service; most of them came through the post.

COURT., Q. Are there any there which she herself brought to you? A. Yes, there are two; one of them came through the post, the other was put into the box.

MR. LOCKE. Q. Then how was it that she brought them to you? A. This is addressed to herself, "Miss Hamilton, No. 5, Bridgewater Square"—she brought this to me to show that she was receiving the same sort of letters—I had many letters which I destroyed; I destroyed some that she brought to me—she brought me altogether about five.

Prisoner. Q. Was it not at your own request that I brought you these letters? A. Yes—there were many papers and things lying about on the counter at the factory.

MR. BODKIN. Q. How was it you came to request her to bring these letters to you? A. Because from the time of her first coming to my employment I was continually receiving letters of a most filthy, disgusting character—I applied to her to know if she could not give me some information as to the writer of those letters, and she then said that she had had letters of the same filthy description sent to her at her own dwelling, some thrown down the area; as she states, I requested her to bring them to me to let me see them, and she brought me these amongst others—I had never had any such letters before she came into my employment.

EMMA ATKINS . I am the wife of Robert Atkins, and live in Bartlett's Buildings. I am a mantle maker—I know the prisoner—I first saw her last March two years—she lived in the same house with me for about six months—she had lived there before I went, and I left her there when I went away—I have seen her write—to the best of my belief, both these letters are in her handwriting.

Prisoner. It is entirely false; she never saw me write at all; she is a person I never did associate with; she is not a respectable woman.

COURT. Q. Have you seen her write frequently? A. Twice—the first time it appeared to be a letter; the second time I cannot say what it was, it was so casual a glance I had of it—I did not read what she wrote at either of those times; I have seen her writing, and she has acknowledged it to be her's—from what I saw her write, and reading that I have seen, I firmly believe these letters to be written by her—I believe I can form an opinion of her handwriting, although I did not look at what she wrote enough to read it; I had my reasons for looking particularly at her writing—I believe these to be her writing from my knowledge of the character of her writing, independent of any other circumstance—that

knowledge is derived from what I actually saw her write—I saw her writing; I did not have it in my hand, but I saw it before her, and I looked at it as my attention was drawn to it—I did not read it—I read little words, but not a sentence or anything of that kind, my glance was so casual—it was about the second week in May, 1855, that she acknowledged some writing to be her's; I had had so many anonymous communications in the same handwriting that these are in, that I had occasion to go to the Magistrate about them; I taxed the prisoner with being the author of them; she asked me my ground for so doing, and I said, "This bill, Miss Hamilton, which you acknowledge to be your handwriting, is so exactly like the writing in the letters that I received, that I can form no other opinion but that you are the author of them"—she said, "I am not, the bill is my writing"—she said she supposed some one had been employed to copy her writing—I have not got the bill with me; it was seen by others, and acknowledged in the presence of others to be her handwriting—I have formed a very great opinion of her handwriting from that circumstance.

FRANCIS BABB . I am a bootmaker, carrying on business at No. 25, Red Cross Street. I have known the prisoner these sixteen or eighteen years—I have known her intimately, and have seen her often; but not for the last seven years; I have seen her occasionally, now and then, perhaps—I have often seen her write, on several occasions—I have seen her write bills out for windows for young persons, such as, "Stock hands" (looking at the two letters sent to Mr. Welch)—this is a similar one to what I received—I believe both these to be in the prisoner a handwriting.

JOHN MARK BULL . I am one of the detective officers of the City of London—I have been employed for some time in endeavouring to trace letters of this kind—I took the prisoner into custody on Wednesday, 22nd April; Thain was with me—she was taken to the station; I told her we took her into custody on suspicion of writing these abominable, disgusting letters to Messrs. Welch and Margetson, and numerous other persons in the City—she said, "How can you say so, Mr. Bull? how can you prove it?"—she was living at No. 5, Bridge water Square, at this time—I received this key from the female searcher—I asked the prisoner if it was her key; she said, "Yes," of her room door—I found it open the room where she lived—I went there with Thain, accompanied by Mr. Bruff, the landlord box there I found these two letters, one addressed to Mr. Simmons, No. 21, Gutter Lane, Post-office; and the other, "For the person who conducts the stock and mantle business;" one of them is of the most filthy description—on 1st Dec., I saw the prisoner write a letter which I have here—I have also another letter addressed to me at the police station; I spoke to the prisoner about that letter the same day that I received it—I said, "I have received this letter from you, Miss Hamilton;" she said, "Yes, I wanted to see you, Mr. Bull"—to the best of my belief, these two letters of 24th March and 1st April, are in her handwriting—I also produce two letters which I found in a cupboard at Mrs. Burley's—I went there in consequence of what the prisoner said—when Thain and I waited on the prisoner, and told her we were very anxious to find out this matter, the prisoner said, "If you searched for stolen property you would find it, would you not?"—I said, "Yes, if it was in the house"—she said, "Well, if you go to Mrs. Burley's, I have no doubt you will find some letters there"—we made an appointment to go there with her; we wanted to go at once, but she said, "No, you had better go in the evening," which we did, about 9 o'clock—the prisoner went in first—Thain

and I went in seven or eight minutes afterwards—I looked over the room, and she said, "Look in the cupboard, Mr. Bull, look in the cupboard;" I did so, and there found these two letters; they were at the corner of the cupboard in a saucer; I believe these to be in her handwriting—Mrs. Burley was in the room; I should say she was drunk; from inquiries I made, I find she drinks about sixty pennyworths of rum a day—she is a fortune teller—upon these letters being found, she said in the prisoner's presence, "It is a plant upon me; I know nothing of them"—Mrs. Burley was taken into custody, and remanded for a week, and was then discharged.

Prisoner. Q. Was it not yourself and Thain that first gave me Mrs. Burley's address? A. No, we went there at your solicitation—you gave me her address; I should say that Mrs. Burley's address had been mentioned in the letters—when we went into the room, Mrs. Burley was sitting towards the fire, not against the cupboard, so as to prevent any person from going to it; any person could open the cupboard and put anything in; you could have done it without her seeing it, her back was towards the cupboard—you were in the middle of the room when I came in—Mrs. Burley was not between you and the cupboard, you would have ample opportunity to put anything in the cupboard—there were three young persons in the room besides; there was great confusion, they were three respectable tradesmen's daughters, who had come there to have their fortunes told, and when they found we were officers, one of them fainted away.

MR. BODKIN. Q. How many eyes has this Mrs. Burley? A. One, she is blind with the other—she is about fifty-seven years of age; she is hardly ever sober—there would not have been the slightest difficulty in putting these into the cupboard.

JURY. Q. Did you know before you went, either the name or place of abode of Mrs. Burley? A. I did not know the place of abode, I knew the name; her name had been mentioned in the letters, as the agent where the money was to have been sent; her address was given in the letters—the prisoner went in before us to see if Mrs. Burley was at home, and from her not coming out again, we went in.

CHARLES THAIN . I am a detective officer of the City of London. I accompanied Bull to the prisoner's lodging—I found this book (produced) in a box in the prisoner's room—the fly leaf is torn out of it—I received this leaf from Mr. Bruff, the prisoner's landlord; it exactly fits into this book, and the gilt edge exactly corresponds—I have seen the prisoner write—I believe the writing on this leaf to be hers, and the whole of these letters I believe to be hers.

Prisoner. Q. Was it not you who gave me Mrs. Burley's address? A. Yes, on 9th April—I was then in your room, in company with Jarvis, another detective—it was on the 14th that I went with Bull.

JOHN SAMUEL BRUFF . I live with my father, at No. 5, Bridgewater Square. The prisoner lodged there at the time she was taken into custody, in an upper room—on 21st April I found this yellow leaf in the area of our house—I have never seen the prisoner write.

(MR. BODKIN. proposed to examine Mr. Nethercleft, with a view to prove that the whole of the letters were in the same handwriting. MR. JUSTICE CRESSWELL was of opinion that no such question could be put; the utmost extent to which such evidence had gone was, as to whether certain writing appeared to be feigned or genuine.)

The following letter to Mr. Welch was here read: "24th March. Sir,—On

receipt of this, you are to enclose a sovereign in a letter, directed to Mrs. Burley, George Place, Albion Buildings, Goswell Street; place a cross in corner of envelope. If you neglect to comply, you will at once be denounced as a s—; yourself and partner shall suffer alike. I have witnesses to prove the fact against you. Conviction and exposure is certain; but upon your compliance, no further annoyance will be offered."—The letter of 1st April was also read: it was of a most disgusting character, totally unfit for publication. The two letters found at Mrs. Burley's were also read, and were of the same description. The Utter written on the fly leaf of the book, and the two letters found at the prisoner's lodging, MR. JUSTICE CRESSWELL. was of opinion, were not admissible. The letter to Jarvis, the officer, was put in and read.

WILLIAM JARYIS . I am one of the detective officers of the City of London. I was employed in tracing the writer of these letters to Mr. Welch—a gentleman named Allingham is the prosecutor of another indictment against the prisoner—he is a surgeon, in Moorgate Street.

Prisoner's Defence. I can only say it is all entirely false; when it first commenced I was working in the City; they were determined to ruin me; at every house where I was at work they would send in these letters, to myself, and also to the people of the house; the consequence was, I had to give up my work at several warehouses; Mr. Hellaby's, Mr. Blenkiron's, and others; it has been going on for several years; they used to send girls to work for me, who would stay till dinner time, and then go away, and always took something with them; they have taken my books, and even torn leaves out of my books; I believe it to be done by somebody who owes me a grudge; why do not they produce the parties to whom the money was to be sent? surely, if I was the person, that was to have the money, they would know me; the officers tried very hard to force money upon me, which I refused, as it was merely a snare to make out that I was extorting money; the letter to Mr. Simmonds was enclosed in one addressed to Emily Taylor, a girl who worked for me; they have produced the enclosure, but they do not produce the other which was on my desk—(CHARLES THAIN. re-examined. We saw no such letter as she refers to.)—All I can say is, I never wrote the letters; and as for that book, I do not see why I should mutilate my own book, when I had plenty of writing paper in my desk at the time; no person ever presumed to identify me with these letters till 50l. reward was offered, and I believe it has been done by the officers to get the 50l., for they said they were sure, if I would assist them, they would find it out; I do not know whether my handwriting does resemble any of these letters, but I will ask you to look at the letters I sent to the officer Bull, and see; I had occasion to write to him frequently, why does he not show my letters?—(The letter written by the prisoner in Bull's presence was put in, and the letter sent to Bull was read, as follows: "Mr. Bull, if you can step round for one moment, it would greatly oblige me. I wish to ask you just one question, and will not detain you long.")

NOT GUILTY .

(The Jury stated that they were quite unable to establish the identity of the handwriting to their satisfaction.)

There was another indictment against the prisoner, which, at her request, was postponed until the next Session.

NEW COURT.—Thursday, May 14th, 1857.

PRESENT—Mr. Baron BRAMWELL.; Sir JOHN MUSGROVE., Bart., Ald.; Sir FRANCIS GRAHAM MOON., Bart, Ald.; Mr. Ald. CUBITT.; and Mr. Ald.ROSE.

Before Mr. Baron Bramwell and the Sixth Jury.

Reference Number: t18570511-599

599. BARNARD GREENBOW (20) and MARK ROBINSON (23) were indicted for feloniously threatening to accuse Asher Stern of arson, with intent to extort money. (See also Vol. 45, page 746.)

MESSRS. ROBINSON. and LOCKE. conducted the Prosecution.

ASHER STERN . In March, I had some premises at No. 21, Little Alie Street, where I carried on the business of a waterproofer. On a Sunday nigh in March, my house was burnt down—I was away from home at the time—the two prisoners had worked for me—a person named Myers Goldsberg was my foreman—after the fire, I took a place at No. 6, George Street, Minories—shortly afterwards the two prisoners came to my house, with a third person—Robinson came up stairs to me, and said, "Mr. Stern, I want some money"—I said, "What for?"—he said, "I must have money; I am very poor; I have got no work; I want to go to America; you must give us 5l. each to go away, or I will go to the insurance office, and say that you set your house on fire"—I told them to come again in an hour's time—they all three came, and Robinson spoke out, and said, "I am hard up, will you give us the money or not I"—I said, "I have no money; you know my own things were damaged by water and fire; I have no money"—I was a quarter of an hour talking to him—a gentleman came knocking at the private door, and I went away with him—during the quarter of an hour they were with me, one said, "If you don't give us 5l. each, I will go so far" (Drawing his hand across his throat)—they said they would swear anything, they would swear black was white, if I did not give the money—Robinson said, "I will give you till 4 o'clock to go for the money"—I said, "Yes, you wait here"—he said he had read the papers, and found that I was insured in the West of England, and should receive the money, and I must give him some—I went away with my friend, and left them—I met Robinson six or seven days afterwards in Whitechapel Road, opposite the church—I was with another man, and we all three walked together; Robinson began to laugh—I said, "What do you laugh at?"—he said, "I am very sorry I went to the insurance office, and said you set the place on fire yourself"—I said, "It was very wrong to go and tell a lie; you know I was not at home at the time; I was away during the time it was on fire"—he said, "You know very well there is no work; I want to go away from London; if you will give me the money now, I will go away to-morrow morning, and will not go against you"—he told me to meet him by Aldgate Church, between 8 and 9 o'clock—I told him I should bring the money there—I said to him, "Where are the others?"—he said he had been to one of them, and could not find him—I met him at 8 o'clock by Aldgate Church—he said he could not find the others—he said he would go to Goldsberg's—I said, "Go, and I will wait for you"—I did not wait—he went away—I next saw Greenbow, and he told me to come with him to his brother's, and give him the money there, and he would go away the next morning—I said, "I can't give you any money, if you do not give me a receipt"—he went away, and brought Robinson with him to Whitechapel, and we went to Morris, a cigar maker,

at Aldgate—when we got there, there were two policemen in plain clothes, placed there by my direction—I came into the shop, and Mr. Morris said to the policeman, "I have some private business to do, will you walk out?" and they walked into the front shop—I, and Morris, and the two prisoners went into the back room—I had left directions with Morris what to do, to make a receipt for the money—Green bow then said to Robinson, "There is something suspicious here; I will tell you what, we won't take the money here"—there was a little talking together, and they walked away, and I went with them—while we were there, Robinson said he had made up his mind; he could not go with 5l., he must have 7l.; he must have 2l. to buy some clothes—when they walked out, and I was with them, Robinson said, "You had better come to my landlord; you give me the money here, and I will give you the receipt"—the prisoners were both together at that time—the policemen were behind, and I gave them both in charge—they were taken to the station, and they were discharged—the inspector said, "If they come again to annoy you, lock them up."

Cross-examined by MR. SLEIGH. Q. How long were you in business in the house where the fire took place? A. I was in it live years ago, and I gave it up, and now I am in it again—there was a fire before in the same house, my business is very dangerous—the two prisoners had been in my employ when the fire occurred—one is a cousin of mine—Robinson had been in my employ about three weeks, and the other ten or twelve months—the men were paid by piece work, according to what they did; if they could make twenty coats in a week, they would be paid for twenty, and if one, they would be paid for one—I did not owe either of them a halfpenny—Greenbow owes me something—neither of the prisoners lived in the house—the fire occurred on Sunday, while I was out, and my wife was out—I left a servant and a child at home when I went away—I did not keep my accounts myself, Goldsberg kept an account of what I paid every Saturday night—I never took any receipts of the men—Goldsberg has come to my house for eight or nine months—I sometimes pay myself—I do not pay Goldeberg any wages, he comes there to oblige me—there were fires in the house five or six times—five yean ago I had a fire—I was not insured, I lost plenty of things—it was in the same house that the fire was before—a year ago there was a fire, and I was insured in the Atlas Office—that was in 1856; I insured for 300l. or 350l.—I cannot recollect how much I received—I sent in a claim for 387l.; I lost more than that amount of property—the Company did not refuse to pay me—I got my payment the second week—I did not receive 387l., I got about 180l., and took the salvage myself—in the present instance I demanded from them between 400l. and 500l.; they paid me in liquidation 150l., but I bought the salvage back—the salvage fetched me 150l., and I sold the cloth to Phillips, in the Poultry—he paid me 80l.—I think I sold him some waterproof coats and some slippers.

Q. Were you ever in Court under any other circumstances than as a witness? A. Yes—I was not tried in Germany for an offence—I was in England; I was charged with robbing somebody—that is four or five years ago—on the Sunday night that the fire was, the two prisoners were at my house; I saw them there—I know Robert Randall; I found him at home when I came home—I have seen him about here to-day—he told me he was the person who put the fire out—I went away to be shaved—I did not blame Randall, when I came back, for meddling with it at all; I treated him with a pot of beer—I sent for a pot of beer that the men should have refreshment—there was a pan of naphtha there, and Randall told me he

took it down stairs—I did not go out and get shaved after the fire was extinguished—the first time I went out I left the two prisoners and three or four besides, working up stairs—when I came back, I did not blame Randall for interfering—I did not tell him to take care and say nothing about the pan of naphtha—they were all in the passage, and said there was a fire up stairs—I went to the first floor—I think Randall went for the pot of beer—while they were drinking the beer, Randall said, "Come up stair, and we shall ascertain what it is"—it was after that that the fire broke out the second time—I cannot swear whether I told Randall not to say a word about the pan of naphtha—this occurred on the Sunday—the first time that anything occurred between the prisoners and myself was two or three days afterwards—it was not in Whitechapel that the first conversation took place about the money—that was the second time; there was one in my own house where I lodge—I did not meet him, and ask him to have a cigar—I did not ask him to leave the country, and say that if he would, I would give him money to go—I never said that to him—I did not call at his lodging after that; I called at his door—I know Beaumont, he is his landlord—I know Watsky, who lives in the same house—they are here to-day—on my oath, I did not, in their presence, offer Robinson some money—I called because he had called at my house, and threatened my wife—I said, "I will call and see Robinson, and see what he wants"—I knocked at the door, and said to Watsky, "What did Robinson come to my house and threaten my wife for? if I owe him any money, let him come, and I will pay him"—I had no conversation with Beaumont about it—I did not call again the same evening—I did not know where Greenbow lodged—Robinson told me afterwards where he lodged—I did not go there to find him—I told Robinson to find him, and he went to him—at the first conversation I had with Robinson, there was nobody present but myself—the second time there was one person present, who heard part of the conversation—Robinson speaks good English; Greenbow understands it, but he cannot explain himself—I do not know a person named Emanuel in the Minories—I know Koskioski—I had no conversation with him about this—he worked for me five or six years ago—I discharged him—I would have nothing to do with him—I cannot recollect that he met me after this, and said, "So you had another fire?"

Q. Did you not reply, "That is nothing if I will have six more"? A. I had six before; that is my business—I never was insured before, because my business is very dangerous—that person did not say, "And I hear that the insurance office is inquiring about how it occurred;" I deny that—he asked me on several occasions for work—he did not say that to me, and I did not make that reply to him—(Koskioski was brought into the Court)—I cannot swear but what he may have said, "So you have had another fire?"—I did not say to him, "Yes, and I will have six more"—I was once charged with robbing somebody—I was charged with another offence, not coming to the Mansion House—it was the first day I came over; I did not know the English law—I got twenty-eight days for an assault; it was not for an indecent assault—I did not once get three months.

MR. ROBINSON. Q. You were charged with having robbed somebody? A. Yes, and I was discharged; the Lord Mayor told me I should have an action—I have not been able to get Mr. Morris, he went away to Paris—he was examined last Session—he is not here to-day.

MARGARET TODHUNTER . I am the wife of James Todhunter, of No. 6, George Street, Minories. The prosecutor lodges with me—on the Monday

after this fire took place, he took a bed room at my house, and he still keeps that; he had not lodged with me before—on some morning after the fire I saw the prisoners at my door, and there was another young man with them—my little girl went first to the door—when I went, I saw Robinson come to the door; he wanted to see Mr. Stern—I asked him to walk inside, he refused to do so—in consequence of that, I had to go close to the step, and as I looked round I saw the other two young men at the corner—they saw me, and they walked up and joined Robinson—Mr. Stern was up stairs, dressing—I said to Robinson and the other two men, "Will you make up your minds whether you will walk in or not?"—they said they would wait outside—I went up stairs and came down, and then they said they would go in, and they went up stairs to Mr. Stern; they went into the room, and the door was shut—they remained ten minutes, and they came down and went away.

MYERS GOLDSBERG . I was in Mr. Stern's employ—I sometimes kept his books—the prisoners were in his employ—I recollect the fire—I recollect the prisoners calling at my house; I asked Greenbow what he wanted—he said, "Nothing from you"—Robinson was with him—I asked him what he wanted in my kitchen; he said, "I want money from Mr. Stern"—I said, "Mr. Stern paid you last Saturday night your wages; I know he owes you nothing at all, he cannot give you money"—he said, "I want money to go over to America; and if he don't give me money, I will go to the insurance office, and say there that he set his house on fire himself"—I took him by the collar, took him up to the passage, and opened the door, and threw him out—I said, "Go where you like, don't come to my house again"—Greenbow was with Robinson; he said nothing—Mr. Stern used to pay these persons—I was present when he paid them—I know that he paid them in full on Saturday night.

Cross-examined. Q. You were employed to keep the prosecutor's books? A. Yes; that was my duty—I did not keep the account of all he received, and all he paid; only the workmen's accounts—I made them up every Saturday night—I had nothing else to do; I had been engaged in that employ for Mr. Stern for about half a year—he paid me different wages—sometimes 5s. a week; sometimes 10s.—my duty was to go on Saturday night to pay the men, and make the book up—I have not brought the book here—I cannot recollect what Mr. Stern paid Robinson on that Saturday night, I believe it was 6s. or 7s.—I think he paid Greenbow 16s., that is the nearest I can say—I think it was in silver—I am no relation to Mr. Stern, I have known him three years—I did not know him in Germany—I have not known him during the three years to have been in prison—I do not know how long he has been in England—I live in Church Street, Minories, and am a water proofer—I have no shop, I keep the house—I was at Mr. Stern's on the Sunday evening, when the fire took place; I was there all day—I remember Beloska being there—I do not remember after the fire had broken out the second time, that Mr. Stern came in and asked whether it was all right—I had been there the whole of that Sunday; I had not slept there on the Saturday night—I was there on the Saturday evening, when the workmen were paid—I went there between 8 and 9 o'clock; I left after 9—I was there an hour; I was not there till 10 o'clock—I did not notice the time when the men were paid; when the business was settled I-left—they were paid in my presence in the first floor front room—I believe Scolleik was present.

MR. LOCKE. Q. Had you any other employ besides this makings up the

books? A. Yes; I am a water proofer, I took work from Mr. Stern to my premises—I am not in partnership with Mr. Stern, I am his clerk—I was in the employ of Silva and Co., and likewise making up the books for Mr. Stern—that 5s. or 6s. was for keeping the books.

JOSEPH BROWN . (City policeman, 584). I went to Mr. Morris's shop on Thursday, 26th March; I was in plain clothes—after I had been there for some time I saw the prosecutor come in with the two prisoners—they all three went into the back parlour, and shut the door—they remained there about a quarter of an hour; I heard some conversation about 7l—the two prisoners came out together, and left the shop; Mr. Stern came out close behind them—he stopped and spoke to me, and then he followed the prisoners; I remained in the shop—Mr. Stern came back and spoke to me—I then followed him and overtook the prisoners in Whitechapel; they were standing at the corner of a street—Mr. Stern told me, in their presence, that they had asked him for money after they left the shop, and they had told turn they were not going to take the money while there were two private policemen in the shop—there were some remarks passed between them in their language, which I did not understand—I believe Greenbow was the first that spoke—they were given in charge—I took Robinson, and Greenbow was taken by another constable; we took them to the station—as they were going Robinson said, "Mr. Stern thought he had got us to rights, but we were not such fools as to take the money when we saw you there."

Cross-examined. Q. It was Robinson made that remark in going to the station? A. Yes—there was another officer with Greenbow—I do not think he was within hearing; he was walking in front—Robinson did not say, "He has been trying to get us to leave the country to go to America"—Robinson spoke about the fire in the station—I did not hear him say that Mr. Stern wanted them not to say that he had set his house on fire—I heard him say in Mr. Sterns hearing, that Mr. Stern had sprinkled a solution over the floor, and afterwards set fire to it—I did not hear him say, "And that is why he wanted to get us out of the way"—Mr. Stern made some remark—there was a good deal said, but the most part was in a foreign language—Greenbow spoke mostly in a foreign language—Robinson spoke chiefly English—there was an altercation between them at the station.

MR. LOCKE. Q. When he said this about sprinkling the solution, was that in English? A. Yes—Mr. Stern denied is indignantly, and said it was false—he said he was not at home at the time—I am sure that they did not say. in my presence, that Mr. Stern wanted to get them out of the country—the prisoners were discharged at the station, and after that they were at the Mansion House as free agents, when another man was there, and they were taken into custody—a man named Retchand was charged for extorting money from Mr. Stern—the prisoners were there, and were taken into custody, I believe, by order of the Lord Mayor.

COURT. to ASHER STERN. Q. What premium did you pay? A. First, 20s. in the 100, and the next time I got it for 10s. in the 100—I am not insured now—I would not be insured any more.

Witness for the Defence.

AARON BEAUMONT . I live at No. 111, Houndsditch. I did not know Mr. Stern till he called at my house one Thursday evening—Robinson livel in my house—Mr. Stern knocked at the door on the Thursday evening; he told me he wanted to see Mark Robinson—I said, "He is not at home;" he was very doubtful of my word, and I called down another man, and said, "Is Mark at home?" he said, "No"—Mr. Stern said, "I want to see Mark

Robinson very particularly, I want to call him into a public house and give him something to drink; I want to give him some money"—I said, "You are a very liberal man to give him some money, perhaps you will give some to me"—he said, "No, I have no reason to give you money, you don't know anything at all about the case"—he did not come by himself he came with Mr. Goldsberg, and another man—I listened to all he had to say—he said, "I want to give him some money if he would leave England"—I and I could not say anything, I could not interfere in it—Robinson lived in my house three or four months; he was always honourable to me—I never heard anything against him.

Cross-cxamined by MR. LOCKE. Q. What business do you carry on? A. Cap maker, I serve shops—I make the caps on the premises, in the first floor, all below is a thoroughfare there is a, private door; it is the corner of a court—there is a street door which opens into Houndsditch, and by the side of the house is a side door which opens into a passage my house is not very wide; the first floor where I carry on my manufactory of caps is about twelve feet square—I have six rooms; I let two of them, and have four for myself—I let the second pair back room to the prisoner Robinson he does not owe me any rent—he paid me on the Saturday night; it is over six weeks ago—of course he could not pay me since he has been in custody—he paid me on the Saturday night before the Friday on which he was taken—he has not paid me that week—I was not before the Lord Mayor, I was subpœnaed last Friday—that was the first time—I knew about these persons going to be tried last Session, but I did not interfere—I did not know Mr. Stern at all till the night he came to my house—I thought he was very communicative; I thought it was very strange that he should tell me he was going to get this man out of the country, and that he would not give me money because I knew nothing about it—I thought it strange, but then is a witness to prove it, which is my wife—I do not know Greenbow any otherwise than by his coming to ask for Mr. Robinson.

COURT. Q. Can you give a date to the time when he called? A. It was on the Thursday after the fire—I had heard Robinson say there was a fire at Stern's—Robinson said there were two fires, and after the first fire he went out for a pot of beer, and when he came back then was a fire again—when Mr. Stern said I did not know anything about the case, I understood that he meant I did not know anything about the fire—I understood him to own that he had burnt the place down, but that it was no affair of mine; I knew nothing about it.

BARNARD WATSKY . I make waterproof garments. I was in the house of the last witness—I recollect Mr. Stan, and Goldsberg, and another person coming on the first Thursday after the fire between 10 and 11 o'clock at night; they knocked at the door—the last witness went down and opened it—I was in my own room; he called me down, and said, "Is Mark Robinson at home"—I said, "No, he went out"—Mr. Stern said, "I want to see him very particular"—I said, "What for?"—he said, "I want to give him some money, and he shall leave England; tell him I have been here, I want to give him money sufficient to go to America"—he wished us good night, and went away—on the following Monday then went knock again, my landlord called me to answer the door—I went, and the prosecutor was there—he said, "Did you give that message to Mark Robinson?"—I said, "Yes"—he said that before he would get me into trouble he would be in it himself-be said, I can get anybody into trouble as easy as I can make a garment for my own trade; one Jack Sheppard is gone, and another is here; that is me; there is a not another Jonathan Wild, who

shall be able to beat him"—I know Robinson; I have lived with him six months, since he has been at our shop at work; he was a very nice young man—I never heard anything against him.

Cross-examined by MR. LOCKE. Q. Have you ever been bound over to keep the peace? A. Yes—that was last Whit Monday twelve months at Arbour Square—Mr. Stern made the complaint against me—I cannot tell whether I was bound over for twelve months or two years—that was the only time by Mr. Stern—since then I have been very friendly with him—he gave me a glass of ale—I was not here last Session—I came now because I was subpœnaed—I heard that these prisoners were to be tried last Session, at the same time Recthand was—I knew it—I was not in the Old Court last Session, this is the first time I have ever been in this building—I was not up before the Lord Mayor—I went to the Mansion House one Monday morning—I never heard such a name as Recthand—I went to the Mansion House, I was outside—I do not recollect these men being committed—it was on Thursday or Friday they were committed, I was not there till the Monday after—I never went with them—I went to let the Lord Mayor know what Mr. Stern said to me—I did not let him know it, I was not allowed to go in—I asked the doorkeeper to let me in, and Mr. Stern said that I was no witness at all.

COURT. Q. You say Mr. Stern told you he wanted to get this man out of the country? A. Yes—I did not tell anybody what I heard from Mr. Stern—I saw Robinson when he came home the same evening—I told him that Stern said he wanted him to leave England.

ELIAS GREENBOW . (through an interpreter). I know Mr. Stern, he has called at my lodging—it was after the fire took place—he came about some work—he did not come for any other purpose—he never came with Robinson—I know both the prisoners—I never heard anything against them.

SIMON LEVERSON . I know Robinson; his character has been that of an honourable and honest young man, a hard working man at his profession—I know nothing against him.

Cross-examined by MR. LOCKE. Q. Do you know Watsky? A. I know him since this unfortunate case happened—I have seen him at Beaumont's, where he lodges—he came afterwards to my place, because we tried together to get up money for their defence—that was one Sunday, about a week after they were committed for trial—it was before last Session—I did not go with him to get the money—I came here last Session, but was not in the Court—I was not subpœnaed, I am not a witness—I interested myself in the case.

(Joseph Greenbow, the prisoner's brother, and Ephraim Forganski, gave the prisoners good characters.)

GREENBOW— GUILTY .

ROBINSON— GUILTY .

Four Years Penal Servitude

Reference Number: t18570511-600

600. MARY ANN HARRIET FORBES (16) , Stealing 1 shawl, 1 bonnet, and 1 umbrella, value 9s.; the goods of Andrew Milne, her master.

ANDREW MILNE . I live in Bartholomew Close. The prisoner was in my service between five and six weeks; she left on 30th March—she gave me no notice of her intention to go—I came home at 4 o'clock, and had my dinner—I went out to the City Kitchen, and came home at 5 o'clock, and she was gone—I missed 5s. worth of coppers from the mantel piece, my wife's shawl and bonnet, and an umbrella—they had all been safe when I went away.

Prisoner. On the Sunday you took me round the waist, kissed me, and

said, "Pull the bed down," and I would not; and on the Monday I went home. Witness. No, it is not true.

THOMAS FOSTER . (Policeman, L 133). I took the prisoner in the Waterloo Road, on 8th April, at half past 9 o'clock; she was walking in the road with another girl—I told her what I took her for—she made no remark—I took her to Tower Street station, and from there to Smithfield station—on the road she said, "I did take the things I acknowledge; I have got the bonnet now on my head"—she said that she had no home.

COURT. Q. Did she say anything about her master having taken liberties with her? A. No.

KEZIA MILNE . I am the prosecutor's wife—this is my bonnet; it was new when she took it away—I did not give her authority to take that, or the umbrella, or the money, or the shawl.

GUILTY .— Confined One Year.

THIRD COURT.—Thursday, May 14th, 1857.

PRESENT—Sir FRANCIS GRAHAM MOON., Bart, Ald; and Mr.RECORDER.

Before Mr. Recorder and the Tenth Jury.

Reference Number: t18570511-601

601. WILLIAM WOODHEAD (19) , Feloniously cutting and wounding James Davidge upon his face, with intent to prevent his lawful apprehension and detainer: to which he.

PLEADED GUILTY.— Judgment Respited.

Reference Number: t18570511-602

602. LOUIS LEROY (44) , Feloniously forging and uttering an order for the payment of 92l., with intent to defraud.

MESSRS. BODKIN. and SLEIGH. conducted the Prosecution.

(The prisoner being a Frenchman, the evidence was interpreted for him.)

LOUIS EDWARD ENGLEBACK . I am a clerk to Coutts and Co. A gentleman named Trognon keeps an account there; he is an officer in the house of the Prince de Joinville—on 21st April the prisoner came and presented this cheque (produced), and this is a translation of it—(Read: "I request that Messrs. Coutts and Co. will be so good as to pay Emile Moro, on account of His Royal Highness Prince de Joinville, the sum of 92l. sterling. Claremont Castle. rognon, secretary.")—I asked him how he got it; he said that he received it from M. Moro, and that he occasionally did writing for the Prince de Joinville; that M. Moro owed him 32l., and bad written to him to meet him at the South-western Railway station that morning at 7 o'clock, and that he (the prisoner) had come up from Southampton, but not that morning—I asked him where he had slept the night before; he said, "At a small hotel in the neighbourhood of the railway;" that M. Moro met him at the South-western Railway at 7 o'clock, gave him the cheque, and told him to pay himself the 32l., and to take him the 60l. to No. 72, Regent Street; and if he had left, to send it to him at Geneva"—I consulted with the partners, and then accompanied him to No. 72, Regent Street, but found nobody named Moro there; the servant had been there three months, and the landlord twelve years, but they knew nothing of M. Moro—we went into the shop; the shopman spoke French, and the prisoner asked for M. Moro—I then inquired where the prisoner lived; he said that he had come up from Southampton, and that he had come from the

United States—he did not tell me where he had slept, or when he came to this country.

Prisoner. Q. Did I tell you I was to send the money to Geneva or to Paris? A. To Geneva.

AUGUSTUS TROGNON . I reside at Claremont, and am secretary to the Prince de Joinville. I never draw cheques for His Royal Highness—I have an account at Coutts's, and draw cheques for myself on my private account, and the Prince draws on his account—this cheque is not my writing, I know nothing about it—I know nothing of a M. Moro; no such person is employed to write for the Prince—I do not know the prisoner.

THOMAS ANSCOMB . (Policeman, F 102). I took the prisoner at Messrs. Coutts's—he asked me in English where I was going to take him; I said, "To Bow Street station"—he said, "What for?" I said, "For uttering a forged cheque"—he said, "Oh, no, no, I will explain that when I get to the station"—he was asked his address at the station by the inspector, but refused to give any account of himself whatever—he spoke partly in French and partly in broken English; I could not understand it, but he shook his head—I found on him 11l. 6s. 7 1/2 d. and nine keys—Mr. Engleback was at the station.

L. E. ENGLEBACK. re-examined. I was at the station, and asked the prisoner in French, and he declined to give any explanation—we could not make out how to spell his name, and I asked him to write it—he gave no reason there for not giving his address, but he did before the Magistrate.

ELIZABETH FORD . I have resided at No. 72, Regent Street between eight and ten years, and keep the house—I have known no such person as Emile Moro since I have been there.

GEORGE HOSKIN . I live in High Holborn, and assist Mr. Wood, a pawnbroker, in his business. I had transactions with the prisoner about three years ago; I believed him to be an agent for a French house—I have not seen him since.

Prisoner. Q. Where did you know me? A. At the house of business in Holborn—I believe you were living at No. 72, Jermyn Street—you went by the name of Louis Leroy.

Prisoner. I should like to have the parties from that house here, as it is not true.

MR. BODKIN. Q. Have you had transactions with him? A. Half a dozen times—I have papers here signed by him (produced); the filling up is in my writing, but the signature is his.

RICHARD MULLENS . I am the solicitor to this prosecution. On 21st April I attended the first examination of the prisoner before the Magistrate; the Magistrate explained to him in French the nature of the charge against him, and that it would be necessary to send him to prison unless he could give an explanation of himself or his connection with Moro—the prisoner spoke in French, but I understood it; he said that he would not say anything about Moro or himself, or give any information about his private affairs—the Magistrate pressed him to give an explanation; he said, "You had better do so, or you will remain in prison till you do;" his answer was, "It will be for a long time then."

Prisoner. Q. Did not I say everything I knew about Moro? A. No, you distinctly refused to say anything about him or your connections with him; the Magistrate pressed it more than once.

(The prisoner's statement before the Magistrate was here read as follows: "I am not the author or accomplice of it; I did not know that it was forged.")

(The prisoner put in a written defence, which, being translated, stated that in 1851 and 1852 he visited London, and met with Emile Moro, who fell ill, and was in want of money, and he advanced him 800 francs; that the prisoner then went to America, Moro promising to send him the money; but not hearing from him, wrote to him at the Post Office, London, but received an unsatisfactory answer; that as he was again coming to England, he begged him to write to him at Southampton before 12th April, a letter which he hoped would contain the 800 francs; but not receiving any letter at Southampton on his arrival, he came to London, and found out M. Moro, who promised to give him the 800 francs on the morning of the 21st, so that he could go back to Southampton, being about to go to Havre and Rouen; that he met M. Moro by appointment, who had not received the money, hit had a cheque to receive, which he offered him to receive and pay himself, and send the difference to No. 72, Regent Street, or to Paris, Poste Restante; that he accepted the proposition, and was greatly surprised on coming to Coutts's to find that it was forged,)

GUILTY. of uttering .— Judgment Respited.

Reference Number: t18570511-603

603. JOHN LANDER (13), and WILLIAM HENRY PHILLIPS Stealing 1 box, and 1 cigar case, value 4s.; the goods of Lewis Dupont, from his person.

MR. COOPER. conducted the Prosecution.

LEWIS DUPONT . I am a confectioner, of No. 52, Blackfriars Road On 24th April, a little before 10 o'clock, I was looking at the soldiers exercising on Tower Hill—I felt something knock my leg—I put my hand to my pocket, and saw the prisoner Lander pass my cigar case to another thief, but my tobacco box was found on him—I did not give him time to pass the tobacco box—it fell from his hand, and I picked it up—I got the two boys, one in each hand, and took them to near the Mint, by a clothes shop, where the prisoner Phillips called to me, and said, "There is a policeman;" taking the other boy by the collar—he said to Lander, "What is the matter, Rob!"—he said that I said he had robbed me—Phillips immediately took my arm, got the thief by the collar, and said, "Leave the boy; go away"—I found that a trick was being played on me, and said, "I shall not; I will give him in charge"—immediately on that a mob came round me, and treated me very badly—a man got hold of my watch, and I was obliged to let my prisoner go to preserve it, and Phillips said to the boy, "Bite his arm"—I am certain Phillips is the man.

Cross-examined by MR. METCALFE. (for Phillips). Q. Had you over been in that street before? A. I do not recollect it—I had never been to that shop—it was where the iron gate is Phillips's place is at the corner of the street—I had taken the boy from the gate of the Tower, and went two or three minutes' walk with him, to the middle of St. Katherine's Docks—I did not give the boy in charge at Phillips's door, but further on, just before you get to the arch of the railway—the mob did not interfere with me after Phillips left me, except another party from Phillips's, who tried to rob me, and he had a life preserver—the mob tried to rescue my prisoner after I left Phillips's, until I gave him into custody—there was nobody up to the time I got to Phillips's door—it began there, and then continued.

MARTIAL GILLETT . I am a traveler, and live at No. 21, Fish Street Hill On 24th April, in the morning I was with the last witness, looking at the exercise of the soldiers—he felt somebody touch his pocket, and on turning we saw this boy, and a smaller one—Lander put his hand to Mr. Dupont, and then I saw his tobacco box tumble down—I picked it up, and

gave it to a policeman—I did not see the other prisoner, as I went for the police.

Lander. Q. Did not the other boy take it, and put it up my coat? A. No, it was you; it tumbled out of your hand.

WILLIAM CLAYTON . (City Policeman, 529). On 24th April I saw the prosecutor holding Lander—he gave him into custody for picking his pocket, and another gentleman gave me this box—I took Lander to the City station, not knowing that this occurred out of the City—on the road Mr. Dupont pointed out Phillips to me, and, on returning from the station, I took Phillips into custody, and Lander said, in his presence, "That is the man who got the other boy away; he told me to bite the gentleman's hand, that I might get away"—Phillips made no reply to that.

Cross-examined. Q. Where was Phillips given into custody? A. About 200 yards from Mr. Slowman's, his master's shop—I found a mob round them—Mr. Slowman was at the counter—there are two doors, one on each side—Phillips was standing at the door when I went—you cannot see the door from the place where he was given in charge, there are several corners to go round.

Lander's Defence. I wish to be got into a school.

MR. METCALFE. called

JAMES MITCHELL . I am in the employ of Mr. Slowman, and so was the prisoner Phillips—it is an outfitter's, at the corner of King Street and Tower Hill. On 24th April, I saw the prosecutor passing a shop, with two boys, one in each hand—Phillips was standing at the door—it is his business to stand there, to take care that we are not robbed—he offered no obstruction, nor did he do anything—the prosecutor passed the door, and went up King Street, but Phillips did not leave the shop at all—I am quite sure he took no part in endeavouring to rescue the prisoner—he did not go up, to the prosecutor.

Cross-examined by MR. COOPER. Q. What were you doing? A. Standing idle in the middle of the shop—Phillips was at the side door, and came in for a brush to brush the clothes—I told him that there was a mob coming round, and to stand at the door, and not leave it—he was protecting the goods, and was inside, on the threshold of the door—it is quite impossible that he could have spoken to anybody without my hearing, and he did not—I did not say, "I do not care for a b—Frenchman; walk him off"—I was never outside the door.

COURT. Q. Did you see when the one boy got away? A. No; the window goes all round, so that I could see what was going on outside—Phillips was at the door in King-street—I saw the prosecutor pass the whole of my master's premises, having the two boys in his hands.

MR. METCALFE. Q. Did John Sims go with you to the police court? A. Yes—he was subpœnaed, and Anderson also.

THOMAS GRAVES . I am in the employ of Gray and Co., ship brokers, of No. 74, Tower Hill. On 24th April I was having my shoes cleaned on the elevated ground between the Shipping Office and the Crooked Billet—I saw the prosecutor by Postern Row, facing the pump, with two boys in his hands—he was from 170 to 200 yards from Slowman's shop, coming towards it—they came up on the Tower side, and then crossed the road, passed Slowman's shop, and continued up King Street—I saw Phillips standing in the doorway, with his hands in his pockets—he never moved outside the lobby—I crossed over to the coffee shop opposite, and saw the rescue—the prosecutor moved seventy-two feet six inches beyond where Phillips stood

before the rescue took place, the mob then met him; he turned round, and was hit on the arm, or pushed against, and he let go of the boy who he had with his left hand, and retained the one in his right—the other boy fell—the person who hit him had a moustache, and a light great coat—during the whole of that time Phillips did not leave the shop.

Cross-examined. Q. Did not you tell the boy to pinch the prosecutor's hand? A. I never said a word to him—I saw nothing of the soldiers—I thought it was a joke, one man holding two boys, till I saw one of the boys try to kick him—I then said, "Halloo, this is not a lark," and turned round to look—I knew Phillips, and nodded to him as complimentary, and he nodded to me—I did not stop to speak to him—Phillips called on me to give evidence, but his mother spoke to me first—Phillips said, "I suppose you will serve me as a friend; you saw that disturbance yesterday morning!"—I said, "Yes"—we were very busy, and I did not see him again till the following day, between 3 and 4 o'clock—I then said, "Yes, I will serve you," because I thought it was a just cause—all that I can say is that he was not in the mob.

COURT. Q. Was there anybody standing at any door who interfered? A. Yes, a man named Crawford, who keeps the New York coffee shop higher up the street, about four doors beyond where Phillips was—he was standing at the door just at the time the boy was rescued—he said something, but I did not go near enough to the crowd to hear it, or to interfere—he is an elderly, grey-headed gentleman—I believe he is in Court.

HENRY ABBOTT . I live at No. 14, King Street, Tower Hill, five doors higher up than Mr. Slowman's. My employer wished me to run to the door to see what the disturbance was, and I saw the prosecutor with two boys in custody—he passed Slowman's shop till he came to our door—the boy struggled, and fell at my feet—I rushed forward to keep the boys from the window, and an Irishman, I think, rushed forward, and said, "Let the boy go, you are choking him"—that was repeated by two or three rough characters, thieves I expect, and another said, "Bite his arm"—one rushed forward to get the boy, and he got away—that was five or six doors above Slowman's—Phillips was not there, he took no part whatever in it—there was no disturbance till they got to our door.

Cross-examined. Q. Had you known Phillips before? A. By merely seeing him at Mr. Slowman's door—I was merely keeping the boys off.

THOMAS CRAWFORD . I keep a coffee shop, in King Street. I was standing in my shop, and could see what was going on—I saw the prosecutor with a boy in each hand—the first attempt at rescue commenced by the side of my house, which stands between two streets—I went to the door, went out, and as the prosecutor got to the side of my house he shook the boys, and after he passed the corner one of them fell down, and then the rescue took place, and a dozen low characters ran up—I kept calling to the prosecutor to mind his watch—an Irishman, with a blue coat on, took one boy from the prosecutor, but I could not see where he took him to—I have known Phillips for twelve months, he was not there at all; he was twentyfive yards from the spot—no attempt to disturb the prosecutor took place till they got opposite my house—the man that rescued the other boy put his arm across the prosecutor, and took the boy out of his right hand.

JURY. Q. Which way did the mob come? A. From Tower Hill, towards the Mint—the Irishman was nothing like Phillips in appearance—he was about fifty years of age.

MRS. CRAWFORD. I am the wife of the last witness. I heard some one say, "You will choke the boy"—I looked through the window, and saw the prosecutor with a boy in each hand—an old man with a blue coat, and a pipe in his mouth, got one boy away on Mr. Scott's grating—I saw Phillips standing in his master's lobby, with his hands in his greatcoat pockets, twenty or twenty-five yards from where the boy fell—he did not leave his master's shop that I know of.

Cross-examined. Q. Where were you when your attention was first drawn? A. In my passage; but I looked through the shop window—I looked through the door first of all—our shop is not on the same side of the way as Mr. Slowman's.

WILLIAM CLAYTON . re-examined. The inspector and several other persons were present-in their police dress when the prosecutor pointed Phillips out.

COURT. to LEWIS DUPONT. Q. You spoke of one grating where the boy fell; are there gratings all along? A. The boy fell before the door of Phillips.

HENRY ABBOTT . re-examined. The boy fell on a grating, No. 14, King Street, five doors from Mr. Slowman's house.

PHILLIPS received a good character. NOT GUILTY .

LANDER— GUILTY.*— Judgment Respited.

Reference Number: t18570511-604

604. WILLIAM MEDCROFT (19), and JEREMIAH MCCARTHY (18) , Robbery on Edward Verge, with other persons unknown, and stealing from his person 3 pairs of boots, 1 snuff box, and oilier articles, value 2l. 17s. 6d.; and 3l. in money, his property: to which.

MCCARTHY PLEADED GUILTY .— Confined Twelve Months.

EDWARD VERGE . I am a boot and shoe maker, of No. 26, Addle Hill. On 8th March, about 12 o'clock, I was in Clare Street, Clare Market, and when I came into Clements Lane three men attacked me; one took a bag from me, another one held me, and another one took my money out of my pocket—I was very much struck and kicked, and my hat was knocked over my eyes—the bundle contained three pairs of boots, an account book, a little powder box, and a stick one man was tall, and two were short—these boots (produced) are mine, and so is this size stick—I have had it for nineteen years—I saw the boots again on 15th April—both pairs have been worn—I Am sure I have not sold them—my young man made them.

JOSEPH CUTLER . I am in the prosecutor's employ. On the night of 14th April I was in Creed Lane, Ludgate Hill. Medcroft crossed the road to me, and said, "I have something to sell you"—he pulled this size stick out of his pocket-—I said, "I have one of my own"—he offered it to me for 4d., and I bought it—I have seen him about the neighbourhood for four years—I after wards gave information.

NEWMAN BUTTTON . (City policeman, 322). On 14th April Cutler pointed out Medcroft to me, and I told him the charge—he said the size stick was given to him by another person to sell, and going down Shoemaker Bow he pointed out M'Carthy as the person who gave it to him—M'Carthy denied it—I took them both to the station—M'Carthy afterwards said that he did give it to him to sell, and that he had found it.

GEORGE WILLIAM GRIFFTIN . I am a carpenter and watchmaker, of No 24, Holywell Yard. I have known the prisoners for six or seven years, and have seen them together very often—M'Carthy sold me a pawnbroker's ticket for a pair of boots.

FANNY SARAH VERGE . I am the prosecutor's wife. This size stick was brought to me—I know both the prisoners, and have seen them near the house frequently.

Medecroft's Defence. I have known this lad six or seven years; he asked me to sell the the stick for him; I sold it for 4d. and had 2d. out of it.

MEDCROFT— NOT GUILTY .

Reference Number: t18570511-605

605. THOMAS GENGE (36) , Robbery on Simon Nelson, and stealing from his person 40l.; his property.

MR. ROBINSON. conducted the Prosecution.

SIMON NELSON . I am a Prussian, and have been in England between six and seven weeks; I have been living at Southampton. I came in the Origa steamer from New York—on 29th April, about 5 o'clock in the afternoon, I was on London Bridge, and saw a Scotchman with a cap on, who asked me the way to a street—I told him I was quite a stranger, and that I had my things at the Nine Elms railway station, and wanted to go there—he said, "My road is the same"—I crossed the road to go, and he went with me—he talked Scotch—when we were near a beer house, he said, "We will go in here"—I had no change, and therefore said, "I am a teetotaler"—he said, "Never mind, we will drink sober stuff"—we went in, and I stood at the bar, and called for a bottle of lemonade—he called for a glass of porter—the prisoner was in the bar, and he said to the Scotchman, "Walk in, Mr. Murray"—the Scotchman said, "We will go and sit at the table in the small room," the door of which was open—the prisoner served us—I and the Scotchman were alone in the room, but before I began to drink, two men, one with a big red face, and a little one, came in—the first one sat beside me, and the little one in front—the prisoner brought them in two glasses of porter—I had my small change in this bag (round his wait, inside his trowsers)—I opened it to take out a half sovereign, and when I pot my finger in the landlord left the room, and shut the door after him, and in a moment the big Scotchman had me by the throat—I began to halloo, he pulled my suspenders all down—they could not get the bag away, but there was 40l. in it, which they shook out—the others ran, and the Scotchman kept me while they ran, and when he let me loose he ran out, and I after him—I called "Murder!" pretty loud, as loud as I could, so that anybody could hear in another room, but nobody came—I was hallooing when they got the money—I hallooed three times—that was all I could do—I did my best to halloo while the man was holding me by the throat, but I kept finding myself still less able to do so—when I ran out after the Scotchman, the prisoner came and catched me by the threat, and I gave him one here (striking his face), and said, "You d—rascal you keep a house like this"—my trowsers were down and open, but I could not help it—I said, "What do you want with me?"—he said, "Look, look, button your trowsers"—he kept me a little, but I was only from five to eight minutes in his house altogether—I said, "You have robbers in your house; I have been robbed of my money"—I then ran after the Scotchman, and caught him by the neck, about three houses off; but he turned me back—there were then 100 people by—I ran after him, but he escaped—I did not notice whether the prisoner remained in the house when he let go of me—I went to the police station, and asked for a few policemen—I have not seen my 40l. since.

Cross-examined by MR. PAYNE. Q. On your telling the landlord that you had been robbed of your money, did not he say something about your trowsers being down? A. Yes, and then I gave him one, and off he went—I

said, "You are one of the robbers"—I caught the Scotchman, and tried to hold him, but he got off—I did not know any of the parties—I never was in London before—I had a few dry goods on sale at Southampton—I was two weeks selling them—my family are in America, and I want to see what I can make here—I have brought some of the goods from Southampton here—I brought the money from America—the beer was not ordered of a female, the prisoner's wife—I only saw him; I did not see a lady with a child in the bar—the prisoner shut the door when he came into the room, and it was shut when I wanted to pay, and then he went out and shut the door after him.

GEORGE OSBORN . (Policeman, L 108). On 29th April, I went with the prosecutor to the prisoner's house, in the Waterloo Road—it is opposite Whitecross Street, near the Elephant and Castle—I asked the prisoner if he knew what had occurred; he said that he had heard a scuffling while he was in the cellar, and that he saw the two scuffling together; that he caught hold of Mr. Nelson, and the Scotchman escaped; and that he said, "Mr. Nelson, do up your trowsers, or you will lose them"—I asked him if he knew the persons; he said, "No," at first, and then he said he thought he had seen one of them before—he said that he would give me a description of them, but he has never done so—he said that his wife could give a description of them—I went to her, but she could not—I found five sovereigns and some silver on him—when the prosecutor came to the station his trowsers were not quite done up.

Cross-examined. Q. Were they very loose? A. Yes—the prisoner told me that he did not want the man to go out in that indecent state, and that was the reason for holding him.

WILLIAM BROAD . (Policeman, L 23). I was present at the station when the charge was entered against the prisoner—I heard him say that if the constable went to his wife she would be able to give him some description, and I went with the constable—about a quarter of an hour after that he said, "Cannot I have bail?"—I said, "No"—he said, "If I could get out I would give him 4l.," and that if he saw his wife, she would go to the brewer's and get 4l.—I asked him if he could give any information—he said, "No," but that if he was out he thought he could find one of them.

Cross-examined. Q. He could not tell you where they were to be found? A. No; he did not say he would rather give 10l. than that such a thing should have occurred at his public house; if he had I must have heard it—I did not write down what he said—he was taken into custody in his own house.

COURT. Q. Was it with reference to his getting bail that he said that about 4l.? A. Yes, he asked me if he could get bail, and I said, "No"—he then said that if he was out he would give him 4l.—I went to the house with the prosecutor, and asked the prisoner to come to the police station, and give a description of the parties; he walked very quietly with me.

(The prisoner received a good character.)

NOT GUILTY .

Reference Number: t18570511-606

606. BENJAMIN HILL (19) , Robbery(with another person) on William Henry Cavalier, and stealing from his person, 1 watch, value 12l., his property.

MR. DOYLE. conducted the Prosecution.

WILLIAM HENRY CAVALIER . I am a cowkeeper, of No. 7, Oxford Street, Mile End. On Tuesday morning, 7th April, about 3 o'clock, I was on my way home, and met the prisoner, and two other men and a woman, in Thomas Street, Whitechapel; they kept passing and repassing in my path; I asked

them twice what they wanted, they made no answer, and I called, "Police!" twice—I then felt an arm round my neck—I had seen the man about when he was in front of me, but he had allowed me to pass him—he held me very tight, and the prisoner came and deliberately drew my watch from my pocket, wrenched it from the ring, placed it in his left trowsers pocket, and walked away—I am sure he is the man—I then lost my senses, and when I came to myself I called again for the police, and they came—I had seen the prisoner before about Whitechapel, and was acquainted with his person.

Cross-examined by MR. PHILIPS. Q. Where had you been to? A. To a loan office, in Water Lane, Fleet Street; I left there at 10 minutes past 11 o'clock—I had 2d. worth of cold gin and water when I came out, at the Cock—I dined at 1 o'clock, and after that I had half a pint of 4d. ale—I went from the Cock to a public house, kept by a friend of mine in Bishopsgate Street; I had had nothing else before I went there—I do not know what time I left there—I had two 2d. worth of cold gin and water there—people came into the bar, and were about me, but did not speak to me—I left near upon 1 o'clock, and went towards home, no one left with me—I did not get into conversation with any women—the other man with the prisoner was a short thick set man, I could only see his back—I could not swear to the woman; I do not think there were any other people in the street, with the exception of a policeman, who had just gone; I could see for a considerable distance—I was a good deal hurt, and could scarcely speak for ten days—I described the parties to the policeman, but I could not mention the prisoner by name, as I did not know it.

MR. DOYLE. Q. Have you any doubt he is the person? A. No—I was not the worse for liquor.

MARY HURLEY . I live in Princes Street, Whitechapel. I was taken into custody, charged with being concerned in this robbery; I was discharged—on 7th April I saw the prisoner come along Whitechapel, and at the corner of Thomas Street, three men laid hold of him; one of them, who I know by sight, put his hands round his neck, and I saw the prisoner standing before him, but could not see what he was doing, or whether he had his hands in Cavalier's pocket, as the prisoner's back was towards me—they ran away, and Cavalier fell down and remained in that state about five minutes; he then got up and called "Police!"—I picked his hat up, and a policeman took me into custody—I told him what I knew about it—I have known the prisoner about three years—he called on me in the House of Detention, when I was remanded, and asked me whether I was going to say anything about it, and I said, "No."

Cross-examined. Q. How long were you kept in custody before you said anything against him? A. I said at the station house that I should know one of them, and that this was one of them—I was several yards off, with several other young women, when I saw this—I had not seen the prosecutor before on that night; I went up to him after the three had run away; then I picked up the hat, and the prosecutor got up, and hallooed, "Police!"

MR. DOYLE. Q. Do you know Earl, K 133? A. That is he—it was to him that I said that he was one of them—I said, "Benny Lush was one of them"—the prisoner is known by that name.

JOHN EARL . (Policeman, K 133). On the morning of 7th April the prosecutor passed me in Whitechapel Road, and my impression was that he had been drinking, but he walked quite steadily; I spoke to him, and from the manner he answered I thought he had been taking a little—about

five minutes afterwards I heard a cry of "Police!"—I went in the direction, saw the prosecutor, and asked him what was the matter—he told me something, and I followed—as I was returning, I fell in with another constable, who had Hurley and Mr. Cavalier's hat; he took her to the station, and she gave information, which led to the apprehension of the prisoner.

Cross-examined. Q. How far were you from the spot? A. Three or four hundred yards when I heard the cry—I did not see the prisoner at that time, but had seen him with two others in front of a public house in Whitechapel Road five minutes previous to my seeing Mr. Cavalier—I know one of the other men, but we have not been able to apprehend him; I did not know the woman—I passed them—I knew the prisoner perfectly well, but the other two I did not know at the time.

MR. DOYLE. Q. Had you known him previously? A. Yes, from a child.

JOSEPH DEEBLE . (Policeman, H 195). I took the prisoner on 27th April, in Whitechapel Road; he was with another man—I said, "Do not you go by the name of Benny Lush?"—ha said, "No," and, pointing to another young man who had just left him, said, "That is the young man who goes by the name of Benny Lush"—I said, "You are the one"—I left him in charge of another constable, and fetched the other young man, and then said to the prisoner, "You know your name is Benny Lush"—he said, "Well, it is no good; it is"—I took him in charge.

GUILTY .**†— Four Years Penal Servitude.

Reference Number: t18570511-607

607. JOHN JONES (21) was indicted, with WILLIAM ANDERSON , not in custody, for a robbery on Johanna Gahan, and stealing from her person 1 purse and 19s. 11d.; her property.

JOHANNA GAHAN . I am single, and live at Pye Street, Westminster. I sell fruit in the streets—on Monday, 11th April, I went oat of my mother's room, where I live, to buy a candle, at half past 11 o'clock at night—it came to 1d.—I changed a shilling in Orchard Street, to pay for it, and put the 11d. into my purse, in which was 19s., and put the purse into my bosom—the prisoner and a man named Anderson were standing at the door when I came out; Anderson, who I knew well before, asked me for 1d.—I told him that I did not have one; he said, "You have, you have got it in your bosom"—I said that I would not give it to him, and he struck me on the face—I went towards my mother's, and they both followed me, and when I was about four doors from home Anderson got hold of me by the throat, so that I could not speak, and the prisoner put his hand into my bosom, and took the money away—I said nothing; but went home, and told my sister—I was so hurt that I could not get out next day to speak to the police, but on the Wednesday I and my sister saw the prisoner in Strutton Ground, talking to a young woman, and told the police, but he was gene then—I described him to the police as one who kept company with Anderson, and they said that he goes by the name of Milking—on the Monday afterwards I saw the prisoner in custody at the station house, not with other people, but sitting on a form—I was told to go and see if he was there, and I said that he was the person—I am sure of him.

Prisoner. Q. Were you not drunk on this night? A. No—I was not told by two girls that it was you, on the Wednesday—sergeant Loome did say, "Is not that him?" but not on the Wednesday; it was a man that told me.

COURT. Q. What was it that a man told you? A. That a man that kept company with Anderson went by the name of Milking; but the prisoner was not pointed out to me.

MARK LOOMS . (Policeman). The prosecutrix gave me a description, on the Wednesday, of Anderson and a man named Milking, and on the following Monday I took the prisoner, and told him he was charged, with Anderson, with stealing a purse from a female; he said that he had heard of the robbery, but knew nothing of it—I know Anderson; I have seen the prisoner with him daily up to this transaction.

Prisoner. I have only seen him about twice. Witness. About a week previous I had them both in a public house.

Prisoner's Defence. I am innocent; I was across the Park, but the witness who can prove it is laid up with the gout.

GUILTY .—He was further charged with having been before convicted.

MARTIN CASEY . I produce a certificate—(Read: "Central Criminal Court; John Jones, Convicted, Oct., 1856, of burglary with intent to steal; Confined four months")—I had him in custody, and was present at his trial—the prisoner is the person.

GUILTY.— Confined Two Years.

Reference Number: t18570511-608

608. JAMES BLACK (19) , Burglariously breaking and entering the dwelling house of Mary Dickason, and stealing therein 2 gowns, 2 shawls, and 1 handkerchief, value 3l. 1s.; her property.

MARY DICKASON . I am a widow, and live at No. 44, Henry Street, St. John's Wood. On the night of 19th April I went to bed about 9 o'clock in the evening, having seen my doors and windows fast; the front parlour window was quite safe—I came down about 7 o'clock in the morning, and found it shut, but unfastened, and a pane of glass broken, so that a person putting his hand through could unfasten it—I mined these two dresses and shawls (produced) which were safe when I went to bed.

JAMES BUCKINGHAM . (Policeman, F 144). On 20th April, at half past 1 o'clock, I was on duty in Charles Street, Drury Lane, and saw the prisoner with a bundle under his arm—I asked him what he had; he said that he did not know, it was something he had given to him to take to his mother at Brighton—I opened it, and discovered the things produced.

GUILTY.—The Prosecutrix recommended him to mercy, and stated that he was her grandson. Confined Six Months.

FOURTH COURT.—Thursday, May 14th, 1857.

PRESENT—Mr. Ald. FARNCOMB.; Mr. Ald. EAGLETON.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fourth Jury.

Reference Number: t18570511-609

609. ALFRED DEAR (27) , Embezzling the sums of 4l. 8s. 2d. and 4l. 17s. of Benjamin Crosby Marshall, his master: also, Unlawfully obtaining, by false pretences, 24 yards of silk, value 16l.; the goods of his said master: to both which he.

PLEADED GUILTY .— Confined Four Months.

Reference Number: t18570511-610

610. CHARLES WHEELER (31) and WILLIAM POKES (21) , Breaking and entering the dwelling house of John Wagoner, and stealing therein 2 coats and other articles, value 4l. 3s.; the property of Nicolo Bonta.

MR. W. J. PAYNE. conducted the Prosecution.

WILLIAM SAVAGE . (Policeman, H 212). About 9 o'clock on the morning of 21st April I saw the prisoners in the Commercial Road, together—Pokes was carrying a bundle and Wheeler a coat—I saw Wheeler go into a pawnbroker's shop; Pokes stayed outside—I waited till Wheeler came to the door, and then I asked him what he went there for—he said, "A coat"—I went in with him, and the pawnbroker gave me the coat, and Wheeler gave him back the money—I took him into custody—I asked him where he got it from; he said that it was his brother's—I said that was not satisfactory, and then he said that a man had given it to him, that he had changed boots with him—another constable then took Wheeler—afterwards I made inquiries, and went to Messrs. Wagoner's, the sugar refiners, in Wellclose Square—I examined the front doors outside, they were folding doors—the wood work had been cut away, making a place large enough to admit a man's hand, so that he could open the door—I was let in, and in the sugar warehouse I found a box, broken open—the lock had been forced—Mr. Bonta came in afterwards.

Cross-examined by MR. DOYLE. Q. Did you take Wheeler to the station? A. Yes—I found a pocket book in his possession, which was identified by the prosecutor(produced)—I found these papers; two of them, relating to Wheeler's character, were in the pocket book; the others were not in it—I made inquiries at the police station, and found nothing was known about either of them—I do not know that they are favourably known to the police; I believe the other constable knows something about Pokes, but I do not—altogether there was found two coats, a pair of boots, four pairs of trowsers, and some cotton handkerchiefs.

JOSEPH DEEBLE . (Policeman, H 195). I took Pokes into custody on the 21st of last month—I was with Savage, and saw him take Wheeler, and then Pokes ran away—I ran after him—I saw him throw his bundle away, and went up to him, and said, "Where is that bundle?"—he said, "I have no bundle"—I said, "I know better," and picked it up—he said that it was given to him—I asked him where he lived; he said, "Here"—I went up stairs, and searched there, and found this bundle of clothes (produced) identified by the prosecutor—I took him into custody, and went afterwards to Mr. Wagener's house, and found it in the state described by Savage—I saw the box there, broken open; there is a witness here who first found it.

Cross-examined. Q. In the bundle carried by Pokes was there one coat? A. Yes—his grandfather is a very old man—I believe Pokes was at work with Hubbuck and Co. some time ago—he has been at work with Mr. Oxley—I think that was before he was at Hubbuck's.

CONRAD HOFFERMAN . I am in the service of Mr. Wagener, at Wellclose Square—I sleep on the premises—there is a warehouse there; the entrance into that is by folding gates—in the warehouse there was a box; I had seen that safe on the 20th, between 6 and 7 o'clock in the evening; it was all right then—I do not know what was in it—the next morning, between 5 and 6 o'clock, I found it broken open and empty—the box belonged to Mr. Bonta.

Cross-examined. Q. Nobody sleeps in the warehouse? A. No—it is not a dwelling house.

MR. PAYNE. Q. Is it a warehouse? A. Yes—you go out of the dwelling house into the warehouse—they are both under one roof—there is a communication from the dwelling house into the warehouse, without going out.

MR. DOYLE. Q. Is there not a little yard between them? A. Yes, you

have to go across a little yard about nine feet wide; there is no roof over it—there is a yard at the back—you can get from the dwelling house into the warehouse without going across the yard, but in order to do so must go out of doors; you must go out of the back door of the house, and come into the sugar house—the dwelling house and the sugar house are joined together; they lie side by side; there is no door through the party wall between them—both of them face the street.

MR. PAYNE. Q. When you leave the dwelling house in the morning, do you have to go into the street to get into the sugar house? A. No, but I must either go into the street or into the yard.

NICOLO BONTA . (through an interpreter). I live at No. 24, Scarborough Street, Goodman's Fields. I had two boxes at Mr. Wagener's sugar ware-house, Wellclose Square—they were locked—one of them has been shown to me by the police, broken open—these things were in it before—they are my property—there was about 24l. worth of property in the two boxes—the second box was also broken open—these things are not half of what I lost—this pocket book is mine; it was in the box.

CONRAD HOFFERMAN . re-examined. There were two boxes there; I saw them both there—the next morning they were both standing together; I, did not look at the second box to see if it was broken open—it is there now—I never looked into it. (Pokes received a good character.)

GUILTY. of Stealing only. Confined Three Months each.

Second Jury.

Reference Number: t18570511-611

611. WILLIAM COOK (25) , Burglariously breaking and entering the dwelling house of Henry Herriott, and stealing therein 88 pairs of boots, value 40l.; his property.

HENRY HERRIOTT . I am a shoemaker, living at No. 28, Crawford Street I sleep there—on the night of 1st May I saw the house safe at 10 o'clock—the windows and doors were fastened—after that I went to take my supper at No. 35, where I have another shop for stationery and toys—I came back about 10 minutes past 12 o'clock, and undid the door with the latch key—it was latched as I had left it—I had a little dog with me, which barked furiously, and I saw a small shutter inside removed—it is a shop with two windows, with the door in the middle—on further examining I saw some boots lying on the floor of the shop, which were in their places when I went—from the noise of the dog it was evident to me that some one was in the house—I then shut the front door, thinking, "All that's in shall keep in," and struck a light, and found the locks had been wrenched off from the partition, and a great many goods taken out of the window and from the shop—I then opened the back parlour door, and saw the prisoner lying on a parcel of goods packed up—he saw me, and begged for mercy on account of his wife and children—I said, "You're a pretty scoundrel to come here, and to beg for mercy; what mercy would you have shown me if you had taken my goods?"—he then got up, and followed me towards the door—I opened the door, and collared him as he was going out—we struggled together, and in the struggle we broke two panes of glass—I hallooed out lustily, "Police!" and a person named Coram came to my assistance—I examined the parcel of goods that were packed up—there were eighty-eight pairs of ladies' boots, and my blue bag, in which he had packed up some of them.

HENRY CORAM . I heard Mr. Herriott call out, went up to assist him, found the prisoner struggling with him—he was given into custody.

WILLIAM HOUSE . (Policeman, D 85). I received information, which took me to Mr. Herriott's—I found the prisoner had been taken to the station—he was there given into my custody on the charge of stealing these things—I went to the house, and found the shop door had been forced open by some instrument—there were some marks on it—I went inside, and two large bags were picked up, both crammed full of boots, eighty-eight pairs altogether—three padlocks were forced off from the partitions in the shop, and were on the floor—I found this jemmy and a mortise chisel, and there were marks on the door corresponding with those things—I put them together—on the prisoner, at the station, I found these two gimlets, two knives, and a new wedge (for which there is a use), two ropes, and a slip knot with a noose.

HENRY HERRIOTT . re-examined. These boots were secured by the padlocks when I left them—they could not be got without taking them off—it was 10 minutes past 12 o'clock when I got home—I did open the door with the latch key; the door post may be easily moved aside, and the door opened in that way.

GUILTY .— Confined Twelve Months.

Reference Number: t18570511-612

612. HENRY JAMES NOSWORTHY was indicted for a libel on Thomas Meakin.

MESSRS. METCALFE. and LEWIS. conducted the Prosecution.

GEORGE WILLIAM REED WAINWRIGHT . On 7th April I went, accompanied by a gentleman named Greening, to the office of the Day newspaper; I saw the defendant—I took this copy of the Day from my pocket, and said to Mr. Nosworthy, "There is an article in this paper called, 'Well Served, or the Biter Bitten,' you are the printer of it?"—he said, "You will see at the bottom; I did print that copy"—I said, "The object of my calling upon you is to get you to give up the author;" he said, "I shall require time to consider whether I shall do that"—Mr. Greening asked whether Mr. Scott was in—Mr. Nosworthy said, "No," and that he was out of town, and would not be back either all that day or for some days, I am not sure which—at that moment Mr. Scott came out from the back room half dressed—Nosworthy appeared extremely confused, and said, "Why, what, are you up?" which Scott did not appear to understand—I showed Mr. Scott this paper, and referred him to the article; I said, "Will you give me up the author of that article?"—Mr. Scott replied, "Go to the Times office, and ask the editor for the author of the leading article there"—I then turned to Mr. Nosworthy, and said, "Do you intend to give me the name of the author or not?"—he said, "No, I shall not"—I said, "Am I to consider that your answer?"—he said, "Yes, that is my answer"—I then said, "If you decline to give up the name of the author, you, as printer, must take the consequences"—he said, "Very well," and then turned and walked out before me.

Cross-examined by MR. LANGFORD. Q. When you went to this house, which you call Nosworthy's, did you point out to Nosworthy the date of the paper? A. I mentioned the date I am quite certain, and my reason is this, Mr. Nosworthy said, "Let me look at the date, as I have now given up having my name in the imprint"—he did not in words, directly or indirectly, tell me that he himself was not the printer of the paper, quite the reverse—I told him before I left the office, the purpose for which I wanted the name of the author, in the words which I have mentioned—I did not address any letter to Mr. Nosworthy—he had no notice before the bill was preferred—he had notice to appear to it—when I asked him whether he was the printer or not, I do not remember whether or not he said, "Let me

look at the paper, and I will tell you whether my name is to it"—I cannot swear it; I remember nothing of the kind—I am quite clear upon the conversation—I said, "You are the printer," and then he looked at the date, and said, "Yes, but my name has not been to the publication since that date"—I said, "You are the printer of this paper?"—he said, "Yes, I am"—I got this paper from Mr. Greening.

WILLIAM NUTTING . On 9th March I went to the office where Nosworthy was carrying on business, in Fleet Street—I did not see Nosworthy there—I purchased a copy of the Day there—I produce it—it contains this article, "The Biter Bitten"—it's date is 7th March.

Cross-examined. Q. Where did you buy it? A. No. 11, Red Lion Court, on 9th March—I do not know whose place It is—I know nothing about Mr. Nosworthy—I am a clerk—I have no interest at all in the case—a boy served me with it—it is a publishing office.

JOHN WILLIAM LAWES MAUDE . On 11th March I bought a copy of. the Day at the office mentioned in it, No. 11, Red Lion Court—I believe that is the office of Messrs. Nosworthy and Scott—it contains the article—some old man served me.

Cross-examined. Q. Did you see any name on it? A. No; I know it is the office of Messrs. Nosworthy and Scott because it is on the paper.

JAMES CARR . I was a compositor, at No. 11, Red Lion Court—I have always understood it to be the office of Mr. Scott—I believe Mr. Scott gave the article to me—I set up the commencement of the type—Mr. Scott was not present all the time—Mr. Nosworthy was in the house at the time it was being set up—he was present during part of the time it was being set up—he saw it to my knowledge.

Cross-examined. Q. Were you a servant of Mr. Scott's? A. I was a workman of his—the type was set up on the day which is attached to the paper, March 7th, in the afternoon—a small number of copies were taken off to be circulated among the parties that were written about, that were concerned in it—that was the afternoon before it was published—I have no recollection of what day it was, but copies were printed of it before it was published—I remember Mr. Nosworthy being away ill at his place at Hoxton some time—I do not know when that was—he has been away ill several times; I cannot say whether or not before or after Saturday, 7th March—some one gave this article oat to be printed—I do not think it would have been printed if Mr. Scott had not been there—my reason for saying that is, that Mr. Nosworthy scarcely ever undertook anything of importance if Mr. Scott was not there, and he was then there—I earn, under 20s. a week—Nosworthy was paid as much as he could get, sometimes, much and sometimes little—Saturday was considered the pay day when he could get it—I cannot say that I have seen Mr. Scott pay him money, but I have heard Nosworthy say he had received a trifle—I am jobbing now for Taylor's—this place, No. 11, Red Lion Court, is supposed to be Mr. Scott's—Nosworthy managed Scott's business—he called him a foreman, but we called him an overseer—in Nosworthy's absence Scott mixed himself up in the business as much as he could—Scott lived upon the premises, and gave out the copies—I know a person named O'Donnell—it was supposed that he took the place of overseer in Nosworthy's absence—I do not know whether he might be considered as managing the business, but Mr. Scott gave him copies to give out—he did Nosworthy's duty when he was away—the way I remember this particular article is this, after I had received the subpœna (for I was not at all acquainted with the substance

of the article)—I came to the office, and then I showed it to Mr. Scott and Mr. Nosworthy, and it was brought back to my recollection, and I recollected it when I turned things over, and Mr. Nosworthy brought me forward the slip, which was my bill, and then I remembered that I had put some of it up—a portion of my bill was paid on that Saturday, I think by Mr. Nosworthy, but I do not recollect—I believe the article was given out by Scott—I do not recollect by whom a part of my bill was paid—I will not swear that Nosworthy paid me, or whether I received any money at all that night—I do not know when the name of Nosworthy first appeared as printer to this paper, or when his name was removed after 7th March—I know there was a difference between Mr. Scott and Nosworthy about Nosworthy not coming to do his duty—it was a difficult thing to please Mr. Scott—Nosworthy did not please him—I do not recollect the date when this difference occurred—I know that about this time there was some difference between Nosworthy and Scott, and that then Mr. Scott removed Nosworthy's name from the paper—Scott said he would not put up with it any longer, but would have some one who would do better—I understood he sent for a man named Jones, of the Dispatch, but he did not get him.

MR. METCALFE. Q. Will you be positive that Mr. Nosworthy was present at the time that the article was being put up? A. No, that is my impression only.

MR. LANGFORD. to G. W. R. WAINWRIGHT. Q. I believe you have preferred a bill of indictment against Scott, of which Meakin is the prosecutor, and another of which Messrs. Taylor and Greening are the prosecutors? A. Yes—I am proceeding with them as fast as I can.

MR. LANGFORD. called

JAMES IRVING SCOTT . I live at No. 11, Red Lion Court. I have been a long time connected with the papers, about fifteen years—I have never before had an indictment for libel preferred against me—I have printed and published half a dozen newspapers—besides the Day, I publish also a paper called the Reporter—Nosworthy was my foreman—he was so in the months of February and March—he earned about two guineas a week—I have always found him an honest sort of fellow, with the exception of ill health—about a week before 7th March he was absent from my premises, from Tuesday evening until some hours after the paper was published—I had not seen him during that time, he had written me a letter—he had not left my service—he had retired for a week from that paper, because the other paper, the Reporter, was sufficient for him—when this was published I had no authority for using the name of James Nosworthy, and I left it out immediately afterwards—I think it might have been the fault of the person who made up the paper—I gave directions to O'Donnell to leave it out the next week—I am the responsible printer of this, No. 11—it was not more than three or four days after this that my name stood alone, without the name of Nosworthy—an indictment has been preferred against me, and removed into the Queen's Bench by certiorari—I never heard that it was customary for printers of papers to give up the names of their authors—when it was said to Nosworthy, "Will you give me the name of the author?" I said, "You had better step up to the Times office, and inquire the practice there"—Nosworthy had been absent since the Tuesday.

Cross-examined by MR. METCALFE. Q. You have been through the Insolvent Court, I believe? A. Yes, twice within eighteen months—during that time, when I was going through the Court, Nosworthy had

been my foreman—he had been with me two years, working on the Reporter newspaper—his name appeared upon the Reporter during part of the time in the same way as on the Day—it was by his authority that I put his name on the Day, but it was not with his authority during these few days—I think it first appeared on this paper with his authority—I do not think he was ever printer of this—I have had the Day entered at the Stamp Office, in consequence of notice I received from the Stamp Office after the publication of this number—I told Nosworthy I was going into the country, and he did not know I was in the office when Mr. Wainwright came there—I do not believe Nosworthy ever said that he was the printer of this article—I did not bring down some writs to-day, and say to Mr. Greening, "If you proceed against Nosworthy, here are some more writs which we shall proceed with against you; "I told him a writ would issue—there has been an attorney in this matter, his name is Driver—I have also spoken to Mr. Howe about it—I do not know that he has been convicted in this Court before—I brought the papers with my name only on them here on Monday, but I did not think it was worth while to do so to-day.

MR. LANGFORD. Q. This man is your foreman? A. Yes—I admit that I am the printer of the paper, and an indictment is preferred against me, which I am prepared to answer—the publication of the Day began about 26th Feb.—Nosworthy was connected with me then, for the Reporter—I put his name to this paper as a matter of course, without asking him—I do not think I had ever Nosworthy's authority to use his name—I said, "I am going to produce this paper," and did it as a matter of course—I have commenced an action against Messrs. Taylor and Greening about the detention of my types—it is a bond fide action.

WILLIAM NORMAN . I know Nosworthy—I know nothing about this paper, but I have formerly worked on the Day; this is a re-issue of it, and I worked on the old paper—I never heard anything against Nosworthy—he is a quiet, peaceable man—just before 24th Feb. Mr. Scott said that he should re-issue the Day—Mr. Nosworthy said to me, "I am going to retire, I shall have nothing to do with it"—I knew that this Day was started—I did not know that Mr. Scott had authority to use Nosworthy's name—a man named O'Donnell carried it on—Nosworthy had nothing to do with the Day—the paper started upon 24th Feb.

GUILTY .

(The solicitor for the Prosecution stated that he would not press for punishment if the prisoner would give up the name of the author; but he stated that he did not know it.)— Confined Three Months.

Reference Number: t18570511-613

613. HENRY JAMES NOSWORTHY was again indicted for a libel upon Samuel Taylor and James Berry Greening.

GEORGE WILLIAM REED WAINWRIGHT . On 7th April I took this number of the publication called the Day down to Mr. Nosworthy—I saw him, showed it to him, and referred to the article called, "Well Served, or the Biter Bitten," and said, "You are the printer of this?"—he said, "Yes, I am," and referred to the imprint at the bottom—Mr. Greening then asked if Mr. Scott was in—Nosworthy said no, that he was out of town, and either would not be back that day, or for a few days, I am not sure which—Scott just then came in—I then called upon him to give up the name of the author—he said he must take time to consider; on which I said, "Mr. Nosworthy, will you give up the name of the author?" and he said, "No, I will not; "and I said, "Then you, as printer, must take the consequences"—I pointed out the date to him.

Cross-examined by MR. LANGFORD. Q. You got the paper from Mr. Greening? A. Yes—I have never heard that Nosworthy had expressed his regret to Messrs. Taylor and Greening; he has not to my knowledge—he did not say, "Let me see the imprint"—he looked at the imprint, and said, "Yes, I am"—he said afterwards, "Let me look at the date"—he pointed it out, and said, "I am the printer, but subsequently my name has been removed."

WILLIAM NUTTING . I went to No. 11, Red Lion Court, and purchased a copy of the Day on 9th March—I bought the paper of 7th March—I produce it.

(MR. LANGFORD. submitted that the article in question was not a libel against both Mr. Taylor and Mr. Greening. THE COURT. was of opinion that it was.)

JAMES BERRY GREENING . I know nothing to the prejudice of this man's moral character, with the exception that I was startled by the oath he took just now (that he did not know who the author was)—when I called upon Mr. Nosworthy relative to this libel, on the 7th, I saw him, and asked him if he would give up the author—he said that he would not then, leaving the impression on my mind that he knew him—he said, "Mind, I do not say that I will not give him up"—he replied, "I will not give him up now, but I do not say I will not give him up"—I did not explain to him the difference between giving up the name of the author and giving up the manuscript—I did not ask him for the manuscript—I have instructed my attorney to subpœna him to produce the original manuscript article—I have no moral doubt who it is that wrote it—I do not know that he has anything against Meakin.

Cross-examined by MR. METCALFE. Q. Did you go down with Mr. Wainwright? A. Yes—I heard Mr. Nosworthy state that he was the printer of that article—he took it up in his hand—I do not impute any moral offence to the defendant, only on this occasion.

GUILTY .— Confined Three Months, concurrent with the former sentence.

OLD COURT.—Friday, May 15th, 1857.

PRESENT—Mr. Justice CRESSWELL.; Mr. Baron BRAMWELL.; Sir FRANCIS GRAHAM MOON., Bart., Ald.; Mr. Ald. CUBITT.; Mr. Ald. EAGLETON.; and MICHAEL PRENDERGAST., Esq.

Before Mr. Baron Bramwell and the First Jury.

Reference Number: t18570511-614

614. MARTHA KING (21) was indicted for the wilful murder of her new born child.

MR. SLEIGH. conducted the Prosecution, and MR. PAYNE. the Defence.

GUILTY. of concealing the birth.

(The prisoner received a good character.)

Confined One Year.

NEW COURT.—Friday, May 15th, 1857.

PRESENT—Mr. Ald. FARNCOMB.; Mr. RECORDER.; and Mr. Ald. CUBITT.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18570511-615

615. CHRISTIAN KLEIN (23) and NICHOLAS KLEIN , Feloniously cutting and wounding John Graef, with intent to do him some grievous bodily harm.

MR. PAYNE. conducted the Prosecution.

JOHN GRAEF . I am a baker, and am in the service of Mr. Klein, of Pennington Street, Marylebone—I had seen Nicholas Klein once or twice—I never saw Christian Klein before. On Saturday evening, 28th March, I had been having a pint of beer by myself in Homer Street, and about half past 12 o'clock at night I was in Seymour Place, Bryanstone Square—I had left the beer shop by myself—I had seen Nicholas Klein there—I do not recollect seeing Christian Klein—nothing happened in the beer shop—when I got to Bryanstone Square, I heard some one following me—I took no notice, but when I was about twenty yards from the gate, some one came behind me and hit me on the head—I saw, when he left off, that he had something in his hand—I cannot tell what it was; it was something sharp—I had two or three cute through my cap—Nicholas Klein came up, but he did nothing to me—when I turned round, Christian Klein went away—I caught hold of Nicholas, and he said, "What has he done to you?"—I told him I had got hit by him; he said, "Come along with me, and I will see you home"—when I turned round I spoke to Christian Klein, and asked him what he hit me with, and what he had in his hand—he said he had nothing in his hand—he ran away—I did not see him any more till I got to the station—Nicholas Klein saw me home—my waistcoat and shirt were bloody—I am quite sure the wounds must have been inflicted by something sharp.

Cross-examined by MR. RIBTON. Q. Had you been a long time at this beer shop? A. Yes—there was not a good deal of altercation and disturbance there—Nicholas Klein was doing all he could to quiet the people—a man named Weaver was making a disturbance—when I was struck I turned round; Christian Klein ran away—Nicholas Klein was close to me—I caught hold of his hand, and told him I was struck—he said he was very sorry for it—he said he would see me home, and he did see me home.

JOHN DAVIS . I keep a coal shed, in Shouldham Street. On the night of 28th March I saw a great number of persons running towards Seymour Place—the prosecutor and the prisoners were there—I did not see any one but them—they were running through the gates towards Bryanstone Square; I followed them—I was ten or fifteen yards behind them—when I got through the gates I saw Christian Klein rather before his brother, and Graef was before them—Christian fell down in running; Nicholas got before him—Christian got up again, and ran and struck Graef on the head three or four times—Nicholas held Graef at the time that Christian struck him, and Nicholas held his hand up to guard the wounded man—that was as soon at he noticed the blow being struck—I went up Shouldham Street after Christian, and gave him into custody—I saw a knife taken from his pocket by the constable—I saw that he had something in his hand at the time the blows were struck, but I could not see what it was.

THOMAS NORBURY . I live in Homer Street I was in Bryanstone Square with the last witness on 28th March, about half past 12 o'clock at night—I came out of my house, No. 5, Homer Street, and there was a row, and a lot of Germans were running—I ran to Bryanstone Square, and saw the prisoners together, and the wounded man was ahead of them—I then saw that Nicholas Klein had hold of Graef, and Christian Klein went to the back of him and stabbed him five or six times on the head—I then saw Christian Klein shut the knife up and put it into his pocket—Graef said Something in German, and he opened his hand and held it out, to show that

he had nothing in his hand—when Christian struck him, I saw that he had a knife in his hand—when the first blow was given by Christian, Nicholas was at the side of him—he had hold of Graef before Christian struck him.

JAMES ROGERS . On the night of 28th March I saw the scuffle between the prisoners and the prosecutor, and I saw Christian Klein stick Graef two or three times on the head—I could not see what he had in his hand—at the time the first blow was given by Christian, Nicholas was about taking hold of Graefs arm, and when the other blows were given, he was putting up his hand to guard off the blows, I believe.

RICHARD PHELP . I Live with my father, in Croydon Street. On that Saturday night I heard a cry of "Police!"—I ran down Croydon Street, and saw the two prisoners just by the iron gates which lead to Bryanstone Square, and Graef was on ahead—I followed them, and saw Nicholas catch hold of Graef, and then Christian struck him, I could not see what with—he struck him five or six times on the back of the head; I saw the blood—I went to the station and fetched an officer.

RICHARD EDMONDS . (Police sergeant, D 8). On the night of 28th March I was in Homer Street; Davis came up to me, and pointed out Christian Klein as the person who had stabbed the man—I took him into custody—I called two or three other constables, and sent him to the station by them—I went to look for the prosecutor; I found him in a beer shop, and they were washing his head—I saw one of the constables put his hand into Christian Klein's pocket, and take out this knife, with blood on it; it was dripping—I traced blood from Bryanstone Square to Homer Street, I should think as much as three or four quarts.

FRANCIS HENRY WILSON ISLES . I am surgeon of the Western Dispensary—I live there. On Monday morning, 30th March, I saw the prosecutor—I examined some wounds on his head—there were three or four wounds; one was a punctured wound, on the top, which had penetrated to the bone—the others were only slight—I should say there had been a good deal of bleeding—I saw the wounds on 6th April; they were then very much better, nearly well—no erysipelas came on—this knife is such an instrument as might have inflicted the wounds, where this blade is broken off.

Christian Klein's Defence. I did not stab the man with the knife; somebody beat me first; I defended myself, because they would have killed me if I had not; they knocked me down; I got up and ran away; I was a little in liquor. Witness for the Defence.

PETER BALL . (through an interpreter). I was in Homer Street that night—I saw Graef there—I saw Christian Klein lying down in the street, and somebody was lying on him; when Christian Klein got up again, I saw it was a man named Thress.

Christian Klein Q. Did you see me beaten? A. Yes.

CHRISTIAN KLEIN— GUILTY. of unlawfully wounding.—Recommended to mercy by the prosecutor. Confined Nine Months.

NICHOLAS KLEIN— NOT GUILTY .

Reference Number: t18570511-616

616. CHRISTIAN KLEIN (23) and NICHOLAS KLEIN were again indicted for feloniously cutting and wounding Leonhard Thress, with intent to do him grievous bodily harm.

MR. SHARPE. conducted the Prosecution.

LEONHARD THRESS . I was in a public house in Homer Street, on 28th March—while there the prisoners and three or four others came in—there was a quarrel about 11 o'clock, and it went on—after that I was struck in

the road, before the beer shop—that was about 20 minutes alter 12 o'clock—I received five or six blows; I fell down, and was struck when I was on the ground—I was on the ground two or three minutes—in about a minute after I got up, I saw Nicholas Klein—he came to me; he did nothing to me, but he said, "It was my friend"—that was after I had got up, and was going away—I received five wounds.

Christian Klein Q. Can you say it was me that struck you? A. No.

JOEL JAYER . I live in Wandsworth Road. On Saturday night, 28th March, I was in a beer shop in Homer Street—I went away with Graef—when we got about six houses off we heard a noise, and came back—when we returned to the beer shop I saw three men upon Thress—I saw Christian Klein strike him, and two more; I do not know who they were—I did not see what Christian had in his hand—I seized hold of him, and he struck me—I do not know what with, but I bled.

FRANCIS HENRY WILSON ISLES . Thress was brought to me on Monday afternoon, 31st March—he was suffering from a wound in front of the armpit, one on the back of the shoulder, and two other slight ones—they were such as might be produced by a knife like this—they were not dangerous.

Christian Klein's Defence. I did not strike; I beat Thress; I was on the ground, and he was upon me; I was beat; I did not strike with the knife.

NOT GUILTY .

Reference Number: t18570511-617

617. GRIFFITH GRIFFITHS and ROBERT GRIFFITHS, Feloniously wounding Ann Trevallion, with intent to do her some grievous bodily harm.

MR. COOPER. conducted the Prosecution.

WILLIAM AMOS . I am a trimming manufacturer, and live in Hunt Street. On the morning of 30th April, I had been in the Whitechapel County Court, and a verdict was given against me—it was for a milk business which I had purchased of the defendants—on leaving the Court, I saw the defendants; neither of them said anything to me then about buying the business back, but a month or so before Griffith Griffiths had said it was worth 15l., and he would not mind giving me that for it—on the evening of 30th April, I went to Griffith Griffiths to ask if he would give me the money he had said—I had not seen Robert Griffiths for a month before—my wife, my daughter, and my son, went with me, and I said to them, "You stop here while I go and see if Griffith Griffiths will give the money"—I arrived at his place, in Slater Street, about 8 o'clock—Robert Griffiths was at the door, and Griffith Griffiths was sitting by the fire—I spoke to Robert Griffiths, as I had not seen him so long, and I was going to ask him to have a glass of ale—he told me to be off, and he struck me in the eye with his fist, and then he struck me on the head with a long stick, with a knob to it—I considered it was one that they drive the cows with—it was with the knob he struck me on the head—I was stunned for a moment, and fell, and on recovering I looked and saw Griffith Griffiths strike my daughter across the forehead with a poker—Robert Griffiths caught hold of me, and while I was tussling with him, I caught his coat, and part of his coat came into my hand—that is all recollect.

Cross-examined by MR. METCALFE. Q. There was a judgment against you in the County Court? A. Yes, for 15l. odd—when we came out I did not go to Griffith Griffiths, and shake him—I took him by the collar, but I did not shake him—we were parted, and I went home—I went once to his house after that—I cannot charge my memory as to the time; it was some time in the afternoon—I left the County Court about 12 o'clock—I went to

the station when my daughter was taken there; I followed my daughter to the station—I found her near the station, in White Lion Street—they came and told me that she was in custody, and I went to look after her—my daughter was discharged—the people at the station house told her to go and get a warrant for Mrs. Griffiths—I went after that to Griffith Griffiths's house, to ask him if he would settle it—I went to his house in a quiet peaceable way—that was after I had been to the police station—my wife went with me; I cannot say whether my daughter did—she had been taken from the prisoners' to the station house—I did not go to the prisoners again till 8 o'clock at night; I only went once-—I cannot tell how long it was after I came from the County Court before I went to the station, I took no notice of the time—I went to the prisoners once at 8 o'clock, and once some time in the afternoon—I did not have any tea at 5 o'clock, I laid my head down—I went once to the prisoners after that; that was at 8 o'clock—I was quite quiet; I did not say, "You wretch, this shall be a dear job to you; I will kill you"—I called him a villain, and I should not have done that if he had not made all manner of faces at me—I did not say anything to him as we were going to the station—I did not get at all excited when I went to the station, but when we came out I said he was a bad man, and I should like to take the stick away from him—I did not say I would have his money, and his blood too, before night; nothing of the kind—my daughter did not say to Mrs. Griffiths, "You dirty w——, I will tear your b—liver out before you go to bed to-night"—I did not threaten Griffith Griffiths at all; I said to him, "You are a bad man, I should like to take that stick away from you"—I did not say anything about using the stick—I did not ask him to come out and fight me, when I went to his house—I did not say anything like "Come out, you b——, and I will kill you"—I would have taken a glass of ale with the man—my wife did not say he was too much of a coward to come out—I did not say to Griffith Griffiths, "Come out, I am an older man than you, and I will thrash you like a dog"—he did not come out—the first I saw of his coming out, was when he came out with the poker, and struck my daughter.

ANN TREVALLION . I am the wife of Joseph Trevallion, and the daughter of the last witness. I remember the County Court day—on leaving the Court, my father said to Griffith Griffiths, "Why did not you take the money I offered you?"—I think we left the Court about 12 o'clock; I went home with my father—about 8 o'clock in the evening, I accompanied my father to Griffith Griffiths's house; my father said very likely he would take the 15l.,—when we got to his house Robert Griffiths came out, and my father put out his hand, and said, "Well, old fellow, how are you?" and Robert Griffiths up with his hand and hit my father in the face, and he returned into the house and got a stick, and then Griffith Griffiths came out with a poker behind him, and struck my father, and knocked him down on the stones—my mother went to get him up; I went to assist her, and Griffith Griffiths struck me with the poker on the forehead—I did not notice the size of the poker; he afterwards hit me in the face with his fist, and then hit me four times more with the poker, over my shoulders and arms—I thought my left arm was broken; it dropped down by my side—I reeled against the grain pit, and in a few minutes the policeman came, and somebody assisted me in the street—before this I heard Robert Griffiths say to my father. "I will give you something," and he was holding up the stick—I went to the station, and was attended by a surgeon for eight days.

Cross-examined. Q. Was your father very quiet when he came away

from the County Court? A. He did not make any noise; he was rather angry—he took hold of Griffith Griffiths by the collar, and said, "Why did you not take the money I offered?"—that was all he said to him, I am sure—my mother was not there—I did not go to Griffith Griffiths's house at all till I went with my father, about 5 o'clock in the evening, and again at 8 o'clock.

Q. But you were taken to the station before that? A. I was not at Griffiths's house then—I was in Mr. Dubock's house—I went there for convenience, to go into the yard—I did not throw any bricks over into Griffiths's yard—they said I threw bricks over, but I did not—there were three pieces of bricks thrown over at one of the cows, and because somebody threw bricks they took me—they were taking a man before that—I do not know where my brother was; he was somewhere in the street—he was not just outside the house—he went to the station with me when I sent for him, and my father met me there—I did not go down to Griffith Griffiths's house before that; I stood at the gate; I never went to the house—I did not go to annoy these people—it was about 2 o'clock when I went to his gate, and my brother went in—it might be an hour after that when I went to the adjoining yard—there was a man in the stable in the yard—my father did not go down till 5 or 6 o'clock—there were some angry words between my mother and Mrs. Griffiths about Mrs. Griffiths selling her bad milk, and causing her to lose all her customers; nothing else; nothing about Mrs. Griffiths's chastity—my mother did not call out loudly that she was a w—with Robert Griffiths—she did not say that she wanted my father to sleep with her—she said she had used imprudent language to my father—I am quite sure that was the word—she did not tell her what the imprudent words were—I did not say to Mrs. Griffiths, "You b—w—, I will tear your b—liver out before you go to bed to-night"—I did not go four times to Griffith Griffiths—I went once to the gate, and once to the yard adjoining—I then went for silk to the corner—I was passing with my brother to my father's, and we had to pass Mr. Griffiths's gate—I did not use any improper language, nor hear any used except what I have stated.

MR. COOPER. Q. You dealt for silk at the corner, and Mr. Dubock keeps that house? A. Yes; that is kept in the shop.

ELIZABETH AMOS . I am the mother of the last witness. I went with my husband and son to Griffith Griffiths's house on the night in question—when I went there I found Mrs. Griffiths, and she and I had a few words—after we had left off talking, Robert Griffiths came out, and my husband went up to him, and said, "Robert, you and I are old friends, we won't fall out"—then the second man came out, and one of them had a stick—I do not know which struck my husband, but I saw him bleeding on the ground, and then I saw Griffith Griffiths striking my son—he had got my son up in a corner, and was beating him, I think with a stick—it was too long for the poker—I went to take him away, and Griffith Griffiths struck me a very heavy blow on the head with the knobbed stick—I had a dreadful black eye, and three blows on my arm, and then the policeman came—I saw my daughter bleeding, but I did not see her struck.

Cross-examined. Q. What were you talking about when you were having a few words? A. The first was about the milk business; I considered they had wronged me very much; I felt very angry—I do not know what I said—I said no bad words—the worst word I said was, "You dirty beast;" that was all I said, meaning the indecent way in which she had talked to my husband—I did not say what she had said, nor when—I did not say

that she was a dirty beast with anybody else—she was then in at the door—we were all in the yard—she struck at me with the milk can—I said nothing about the brother Robert while Griffith Griffiths was away in the country—I said nothing about her imprudence and indecency with Robert, merely about my own husband—I was not at the County Court—I was down at the station once during the afternoon; I was not angry then—I was there at 2 o'clock, not at 6.

PETER DUBOCK . I am a silk mercer; I reside near the premises of the defendants. On that evening, when Amos and his wife came to the defendants' residence I was near there; I was in such a position that I could see all that passed—I was on the top of the stable, getting the straw off of my pony's bed, which I had laid there to dry—I heard the quarrel; I turned round, and saw Robert Griffiths strike old Mr. Amos—Amos's son instantly struck him back again—Robert Griffiths had a cigar in his mouth—he knocked the cigar out of his mouth, and it fell on the threshold of their own doorway—Griffith Griffiths went backwards, into his own kitchen, got the poker, and brought it out, and struck the son a violent blow, which felled him to the ground, and as he fell he came in contact with the pump—I got off the stable, and went round, and went up the yard—there were two females standing there—Griffith Griffiths then struck the father a blow—the daughter went to take her father's part, and he struck at her with the poker—he struck her, I believe it was on the forehead—he then struck the son again, and knocked him down again—I then came to the top of the gateway, and Crew, the officer, was there—I saw that as Griffith Griffiths struck the son, the poker broke—it was a poker about a quarter of an inch in diameter.

Cross-examined. Q. Had Mrs. Trevallion been at your house in the course of the day? A. Yes; I cannot tell exactly at what time; it was about the middle of the day—there had been a bit of a quarrel with them and Mr. Griffiths, and I went outside, and saw Mrs. Trevallion with her hair all torn out, and she said to me, "Take my shawl"—I did so, and put it on the counter, and she stood some time in the street without her shawl—they were quarrelling, but I did not see either of the parties that were quarrelling—they were up the yard—some of the words were coming from the persons up the yard, and some from the daughter—one was calling the other what you may call a bitch, and the other was doing the same—they were retaliating—Mrs. Trevallion can use a little strong language—she left her shawl, but she did not go into the yard at that time—that was an hour afterwards—her husband and she came again, and he was talking to me at my counter, and she said to my good lady might she go into the yard—she did not on that occasion buy any silk—no one went into the yard with her—it was then she was taken to the station—the policeman burst into my house, and said he would take her—she was taken inside my house—I did not hear her brother use any bad language—all I heard was that he had been struck with a saucepan—I saw no brick throwing—I was not at home at 6 o'clock—you can see Mr. Griffiths's cows from the top of the stable, but not from the yard.

COURT. Q. You say there was no man in the yard; was anybody minding the pony in the stable when Trevallion went into the yard? A. No; I allow no one to go into the stable except I am with them, and I was not there then.

FREDERICK CREW . (Policeman, H 170). I was called into the prisoners' yard on 30th April, about 8 o'clock at night—I raw Griffith Griffiths when I went

in, with the poker in his hand—he was striking backwards and forwards with it—I did not see him strike any one—Mr. Amos, Mrs. Amos, Mrs. Trevallion, and Joseph Amos, were before him—Mrs. Trevallion was bleeding from the forehead, and Mrs. Amos from the side of the head—I drew my truncheon, and caught hold of Robert Griffiths—he wrenched away from me, and tore part of his coat; he got away—I secured Griffith Griffiths; I took him outside, and gave him to another man—I went and took Robert Griffiths—this is the poker—it has recently been broken off, but it had been fractured before.

THOMAS MEARS . I am a surgeon, and live at No. 52, Brick Lane. On 1st May I examined Ann Trevallion—I found a contused jagged wound on her forehead, an inch and a half in length, and the centre part of the wound extended to the bone—it was such a wound as this poker would produce—she appeared very ill, but the wound itself was not dangerous—I found bruises on the blade bone of her shoulder, and on the arm—I examined her father at the same time. Witnesses for the Defence.

ELIZABETH JAMES . I live in Union Street, Bishopsgate Street. I was at the County Court that day—on leaving the County Court I saw William Amos jump behind Griffith Griffiths—he took hold of him by the back of his collar, and said he would strangle him—he said, "You wretch, I will kill you"—another man took him off—we walked on about 200 yards, and he said he would do for him, he had not done with him yet; he would do a severe job for him; he would not pay him a fraction of the money—Mrs. Amos repeated the same words, she said she would not pay a farthing of the money; they called him a wretch, and said they would kill him, several times—Griffith Griffiths did not turn round—this was between 12 and 1 o'clock.

Cross-examined by MR. COOPER. Q. Did you see Griffith Griffiths's face? A. Yes—he did not make faces at him—all he said was, "If you don't leave me alone, I will give you in charge"—I did not see that Griffith Griffiths made faces at him in the Court.

JOHN ROSS . (Policeman, H 227) I took Trevallion into custody about half past 2 o'clock, it was for throwing some bricks—on the way to the station I saw her father, the two sons, and her husband—the father was very violent, and threatened to kill Griffith Griffiths before he went to bed—his wife said, "We will have your money, and your blood too"—Mrs. Amos called Mrs. Griffiths a w—, and said, "I will have your liver out before you sleep to-night"—after the charge was made they came out, and Amos said, "You shall suffer for this"—Griffith Griffiths did nothing, he was very quiet.

Cross-examined. Q. Griffith Griffiths never said a word? A. No, not in my hearing—ha did not speak the whole time to my knowledge, if he had I must have heard it.

HENRY ANDERSON . (Police sergeant, H 54) I was with the last witness, and was called to the yard when Griffith Griffiths was calling "Police!"—I went into the yard, and he showed me three or four bricks—I saw Mrs. Trevallion at the door, my brother constable took her into custody—on the way to the station they threatened a good deal what they would do; they called Mrs. Griffiths a b—w—, and Mrs. Amos and Trevallion's husband both said they would have Griffith Griffiths's money and his life before night, and his money was his god—Griffith Griffiths did not do or say anything; he was very civil indeed.

WILLIAM MERRETT . At 2 o'clock on the day in question I was at work

in the back yard—I saw Mrs. Trevallion in the yard, and there was a young man there, who I think was a son of Mr. Amos—I did not see the Griffithses at all—the young man and Mrs. Trevallion were making use of abusive language—afterwards, about 5 o'clock in the evening, I saw Amos there; he said, "Come out, I will thrash you like a dog"—he called him a b—villain, and said, "Will you give me 15l. back for it?"—Mr. Griffiths said, "It don't suit me"—Amos said, "You are a b—villain; come out, and I will drive your teeth down your throat"—about 8 o'clock in the evening I saw Mr. Griffiths fighting with two men, and I saw a woman rush in between them, I suppose, to scratch his face—I heard Griffith Griffiths order them out of the yard two or three times—at that time the policemen were fetched—I have known Griffith Griffiths five or six years; he is a quiet sort of neighbour—I do not suppose I have spoken to either of them above five or six times.

COURT. Q. Did you see the woman struck? A. Yes, when she rushed in he struck her on the face, I suppose—I saw the poker raised up—I did not see the blow, it was dark.

ELIZABETH OSBORNE . A window of my house looks into the yard of the prisoners—on that evening, between 5 and 6 o'clock, I saw Mr. Amos, his wife, and daughter, and son—I heard Amos say that if Griffiths would come out he would thrash him like a dog, be it when it may, or where it may—Mrs. Trevallion called him a wretch—Amos said he would not pay him a d—farthing, and Mrs. Amos said she would sooner keep her husband in prison all his life than she would pay it—I saw them again about 8 o'clock; they came to the yard again, and I heard Amos say, "Come out, I will thrash you"—I heard Mrs. Amos call Mrs. Griffiths a nasty, bitter w—, and she said she could prove her a w—, pointing to the brother, Robert Griffiths, who was there—they kept there a long tune—I left the window, and went in—I heard Griffiths say, "Go out of my premises, I will have my premises clear"—I have known them fifteen months—they are very quiet people, I never heard them have any words.

MARY SHARP . I live two doors from the defendants' premises—on 30th April, about 6 o'clock in the evening, Mrs. Amos came into my shop; she seemed very much excited—about 8 o'clock I heard a disturbance, and I went up the gateway, and saw Mrs. Amos, her daughter, her son, and her husband, and Mrs. Amos said to Mrs. Griffiths, "You nasty, dirty, stinking w—, come out; if you don't come out, I will pull you out; I know you like an old man"—I saw Robert Griffiths come out of the cow house, and go into the room, and they said, "There he goes, we will pull him out"—I saw Joseph Amos take up a pail, and he attempted to cut down Robert Griffiths with it—he said, "I will cut you down with the pail"—he tried to strike him with it in his hand—at that time Griffith Griffiths came out with the poker, and said, "Will you leave the yard?"—Mr. Amos made a blow at Robert Griffiths, and pulled him out—when I saw the poker I came out of the yard, and saw no more—when the persons in the yard saw the poker they all mustered together to fight, and tore Robert Griffiths's coat—I saw Griffith Griffiths hold the poker up, and saw the persons fight him—I did not see him use the poker—when Robert Griffiths came out of the cow house to go into the room, he never answered the people—it appeared to me that the Griffithses were doing no more than acting in their own defence—they are very quiet people—I rent the next house to them, and the next to that.

SARAH CHAMBERLAIN . On the evening of 30th April I was in my own

house, next door to Mr. Griffiths. I heard a disturbance between two women and two men, from 6 o'clock till about half past—they called Mr. Griffiths's name, and said they would beat him, and put their fists in his face, and knock his teeth all down his throat, let them see him where they might—Mr. Griffiths told them to go out of his yard—they would not—one man pulled his coat off, and the women were calling Mrs. Griffiths all the dirty w—they could lay their tongues to—they did so a great many times—Mr. Griffiths did not come out to answer them—I saw them at 8 o'clock, they were in the yard, the same two men and women—Mr. and Mrs. Griffiths were in doors—the door was closed—they were wanting Mr. Griffiths to come out, or they would break the door—if Mr. Griffiths had not come out, I believe they would have burst the door open—I did not see him come out, I believe he did come—I have known them four years; I do not think there is one can speak evil of them.

(The prisoners received good characters.)

GRIFFITH GRIFFITHS—

ROBERT GRIFFITHS—

GUILTY. of unlawfully wounding.

Confined Three Months.

Confined Fourteen Days.

The prisoners were again indicted for wounding William Amos and Joseph Amos, on which no evidence was offered.

NOT GUILTY .

THIRD COURT.—Friday, May 15th, 1867.

PRESENT—Sir FRANCIS GRAHAM MOON., Bart, Ald.; Mr. Ald. CUBITT.; Mr. Ald. ROSE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Ninth Jury.

Reference Number: t18570511-618

618. WILLIAM FLOWARDAY SILCOCK (41) , Stealing 3, 000 cubic feet of gas, value 13s. 6d.; the property of the Imperial Gas light and Coke Company.

MR. SERJEANT PARRY. and MR. LILLEY. conducted the Prosecution.

THOMAS ROBERTS . I am inspector to the Imperial Gas light and Coke Company. I am subscribing witness to this contract—I saw the defendant sign it—this is his writing—(This was an undertaking to burn the Company's gas, by meter, at 4s. 6d. per 1, 000 cubic feet; and one light, not by meter, to burn until 11o'clock: dated 18th October, 1852, and signed, William Flowerday Silcock. The 4th Condition stated, that the Company's inspector shall be at all times at liberty to inspect the premises; and that no meter was to be unconnected without the Company's consent.)

Cross-examined by MR. SERJEANT BALLANTINE. Q. That is, so much according to the quantity of gas burned? A. Yes—the meter is the test of that—we examine the meter at certain periodical times; in addition to which we know the number of lights a person burns, and can make our calculation according to the number—it is a matter perfectly well recognised, that we occasionally go by the number of lights, if the meter is out of order; and although he burns by meter, we should charge him by the other calculation.

MR. SERJEANT PARRY. Q. Is that when notice has been given that the meter is out of order? A. Yes, or when we find it out of order in taking the state of it.

GEORGE MARRIOTT . I am inspector to the Imperial Gas light and Coke Company. The defendant entered into this contract with us, and to burn one pipe without meter at 10s.—he burned thirty or thirty-two lights in Nov.

last—the supply was made to him by what is called a wet meter—I know the premises—this drawing (produced) correctly describes the service, and the way the gas gets into the meter, and out of it into the pipes for the supply of the premises—there are two connecting pieces of pipe, and if a meter is removed, the gas would cease to be registered, and the Company would be deprived of the gas—before 7th Nov., I had received information from a person named Walters, in consequence of which, on 7th Nov., I put down a dry test meter about sixty feet from the defendant's house—if a dry meter is correct, it registers the same as a wet meter—I afterwards made several examinations of the test meter, and on 22nd Nov. I took the state of it—it was 13, 600, it having been at 0 when it was put up—the state of the wet meter was 189, 300, it having been at 176, 200 on 7th Nov.—that shows a consumption of 13, 100 feet—about 500 feet difference between the two metres would be reasonably accounted for by the single light—the meters, according to my judgment, acted correctly one with the other—I again, on 17th Dec., examined the test meter—it was at 41, 600, showing a consumption since 22nd Nov. of 28, 000 feet—the other meter had only registered 192, 800, showing a consumption of only 3, 500 between the two dates, so that the balance against the Company was 24, 500—I deduct about two feet an hour for the single pipe—1, 000 feet would be a very ample allowance—I again examined the test meter on 27th Feb., and found it at 116, 600—the other meter was at 257, 900, the difference being 9, 900—that consumption of 9, 900 feet, would have gone on for about ten days—I went to the defendant's premises on 27th Feb., saw a girl in the bar, and spoke to her—the cellar door in which the meter was, was open, and I saw the defendant in the cellar—on getting up to the meter, I found this piece of India rubber pipe with unions (produced) affixed to the meter, so that it would carry away the gas—it had a piece of cane in it, to keep it expanded—one end was attached to the service pipe, and the other to the fittings, passing over the meter—there was a light in the cellar—the defendant said that he had occasion to take the meter down, as his light burned badly last night, and he was going to send notice to us—nothing further passed till I went for Mr. Hersey, who was outside—he looked at it and told Mr. Silcock that it was a very serious affair; that the Company were defrauded to a very great extent, and that they must make an example of it—he said that he hoped he should not be the first, for the sake of the respectability of his family—a candle was brought afterwards, and there was no escape of gas; if there had been, there would have been an explosion, we could not have taken a light there—if 24, 000 feet had escaped in a quarter of a year, a person could not have gone down there with a light with safety—the defendant's meter was taken down on 4th March—it was tested, and found to be quite correct—the test meter was tested on 27th Feb., and found to be correct—I had also examined it before it was put down—the defendant's meter had been proved about twelve months before.

Cross-examined by MR. SERJEANT BALLANTINE. Q. by you? A. No—this picture represents a meter with the fittings complete, and another with the fittings detached, and a temporary pipe put up to keep up the supply—it does not represent any premises precisely—here are two vaults and two wet meters—a dry meter has chambers through which the gas passes, and in this case it was placed in an adjoining house—two chambers in it are made of leather, and while they are filling with gas they expand; they then discharge the gas, and fill again, and the valve marks in feet the gas discharged; and there are arms which regulate the extent to which the chambers

should expand—each chamber holds a certain quantity of gas—it is not exactly like a safety valve—a pressure of one-tenth of gas will work the meter—if the leather is worn out, it would lead to an error, but it is regulated by the arms—the gas will not escape from the chambers until the arm is extended—I do not consider a dry meter a more certain test than a wet one—I put down a dry one because it is more convenient—if I had put a wet one in an exposed situation it might have been frozen—wet meters are liable to be affected by frost in exposed situations—I do not call a cellar an exposed situation—I should not object to pass a night in this cellar—the pipe connecting the service with the meter has not been out of order—we have been doing something to it very lately; not because it was out of order, but to test the soundness of the pipe which we were laying in the ground—that was done two or three days ago, for the purposes of this case—they were sound, and nothing was done to them but what was necessary to test their soundness—no repairs were done to them—Walters is a gas fitter—I am not ashamed of a gas fitter, but I objected to mention his name at first, because I thought it was not quite prudent, it might prevent us getting information—I am not going to work Walters again, as well as the dry meter—I may be wrong, but I want it to be understood, that if persons give information, their names shall not be mentioned—I have to make a quarterly return to the Company—I do not know that the defendant has been charged on a calculation of the lights burned on the assumption of the meter being down; he was charged for 29, 000 feet, which was estimated from the gasburners when the meter was down—that is the extent that was calculated in proportion to the working of the meter while it was up—it is a simple rule of three question—we had notice of it then—I cannot say now whether we had that notice through the gas fitter; he is the person to give the notice—I found that Walters was the gas fitter, but it was not through him.

MR. SERJEANT PARRY. Q. Dry or wet, if the meters are in good order, do they register accurately the number of feet of gas which is consumed? A. Yes—dry meters have been used a dozen or fifteen years, and wet meters a much longer period—although they act differently, they make an accurate register, and the result is the same—these two meters were in perfectly good order—I tested them on 27th Feb. and 4th March—it is impossible that if they had been out of order while the gas was working through them, that they could have been in good order again when I examined them—about eight gallons of water is sufficient to charge the wet meter to the proper water line—I never gave any one permission to do this—I was not aware that this India rubber pipe had been used—the calculation of 29, 000 feet is a simple rule of three sum by which we ascertain the consumption for the time, but in that instance we had notice, and the meter was taken down at Mr. Silcock's request, he being of opinion that it was out of order, and it was proved and refixed.

COURT. Q. The soundness of the pipes that you tested were the service pipes between the defendant's meter and the test meter? A. Yes—if a wet meter freezes, the consumer gets no supply; and if the water gets too low, he will be without light, but varying according to the degree—when the water is below the water line, the consumer gets an advantage, as the chamber is enlarged—he gets rather more than is registered, but when the wet meter was examined there was a sufficient quantity of water in it.

MR. SERJEANT PARRY. Q. Allowing for ordinary evaporation or escape of water in any way, how much water would from time to time be required to be put into it? A. A twenty light meter in that position would not

require more than a pint of water in three months, and a pint oat would be one per cent, against the Company.

THOMAS HERSEY . I am chief inspector to the Metropolitan Gas Company. On 27th Feb. I was sent for to Mr. Silcock's; I went into the cellar, and found him and his man there and the last witness—the pipe connecting the inlet with the outlet of the meter was disconnected, and the two pipes were united together by this india rubber pipe (produced)—the Company lay down the pipes to the consumer's house, and from the house the pipe belongs to the consumer—I asked the defendant to give me an explanation of the meter being disconnected and the pipe being put there; he said that the meter was out of order, and he had taken it down, and put the pipe, as the supply was so bad—I asked him if he had given any notice; he said that he had not, he thought the fitter would have done so—I said that it was a very serious case, I had had information that he had been taking gas in that way for a very long period, and that the Company were determined to prosecute all these cases for the sake of example—he said that for the sake of his respectable family he hoped he should not be the one to be made an example of—I asked him if he could give me the name and address of the fitter who had placed the india rubber pipe there; he said that he could not, he only knew him from his occasionally coming into his public house to get beer, and that the pipe was the fitter's property, and he thought if I would give him time, that he could find him—I told him he had better come to the principal office, in John Street, in the afternoon, and give an explanation; he came, and then said that the pipe had been up two days, and that he had also had it in use before Christmas, about six or eight months previous—I inquired if he had given us any notice at that time; he said that he had not, neither had he said anything to the collector when he called for the money—he said again that the cause of his removing the meter was his having a bad light—I arranged with him that he should attend at the Company's works on the following Wednesday with his meter, for the purpose of having it tested, to see whether it would give sufficient light, and to have some experienced person with him on his part; he said that he would produce his gas fitter, that he thought he should be able to find him by that time—Marriott went down to his house to take the meter down, and it was brought to the works, but he did not attend—he sent a respectable gas fitter in his neighbourhood, Guy—I saw the meter proved; it was perfectly correct and allowed sufficient gas to pass for more than the number of burners he had—I did not test it when it was put down, but it was proved by the Company—if it acted correctly on 22nd Nov., and acted incorrectly afterwards, it would not be possible, in my opinion, for it to get into good order again by the time I examined it—when I was in the cellar I smelt nothing, nor was there any explosion; if there had been an escape to any large amount, I should have noticed it.

EDWIN WALTERS . I am a gas fitter, of No. 7, Blandford Street, Portman Square, and have been so nineteen or twenty years. I have worked for the defendant for the last four or five years; I blow joints in the cellar for his beer casks—I first saw an india rubber pipe similar to this in the cellar about the illumination time; it was on a beer barrel—I first saw it in operation on either 8th or 9th Sept., 1856, in the morning—I had my boy with me at work there—the connecting pipe was taken off the meter, the india rubber pipe was affixed, and the gas was going through—I said to Mr. Silcock that same day, before I began to work, "You are burning gas without going through the meter;" he said, "I know that, I have got permission

from Mr. Marriott"—I believed that, or I should not have done the work without giving the Company notice—I worked for him after that, on the beer pipes, during the alteration of the gas and the iron work; I was sent by the builder, as the house was going through an alteration—I was not there all the time, but whenever I went into the cellar at other times I saw it on—I spoke to Hamilton, the man, about it, but the defendant was not present—I afterwards told the defendant he would get himself into trouble if he did not have the pipe disconnected, and get me into trouble likewise—that was in front of the bar, in October—I went into the cellar to carry a water pipe along it; I affixed a new ring, and put the supply pipe into the bar; and when I was in the cellar, I said to Mr. Silcock, "That pipe is still on, we shall get ourselves into trouble; you will get yourself into trouble, and you will get me into trouble"—I told him that he would get himself convicted to prison; he told me that I need not trouble my head with his business, and directly I came up the steps he up with his fist, and floored me in the bar, and we had a fight, and then we went outside, into the arch, and finished our fight out, and in the heat of passion I called him a d—d thief—it was made up afterwards, so far as we had a drop of gin and water together—I finished my work the same afternoon—when I saw the pony, I put the meter into it's place, and left it in order, and gave the pony into Mr. Silcock's hands, and he put it down under the bar.

Cross-examined. Q. You had your gin and water, and you informed the Gas Company? A. Yes—I told the defendant that he would get convicted and sent to prison, because I knew Mr. Marriott would not have given permission to use that pipe for a month—I did believe that Mr. Marriott had given him permission to use it for one day, but it was working all the time I was there—if I had disconnected it, I must have given the Gas Company notice—I have been to the defendant's house many a time since; I have not told him that the whole case depended on my testimony—I have said nothing of the kind—when I was subpœnaed as a witness, I told him of it—I went there and told him, as I was in the habit of going there three or four times a week—I told him that I was subpoenaed because he told me he was summoned—I believe that was all I said on the subject; I do not know whether I am compelled to state every word that was said—I cannot recollect it; that is all I remember—I said nothing about the nature of the evidence I should give that I am aware of—I did not say that on my evidence he must be convicted, that I am aware of—it was before we went to High Street that I went and told him I was subpœnaed—I told him that I was the only witness against him, and there was no harm in telling him that; I did not mean any harm by it—I should not have liked to take any price not to tell—it is not very likely that I should have yielded to a little gentle compulsion—I decidedly did not go for the very purpose of getting money from him—I did not go to arrange the affair—it could not be much harm to tell him that I believed I was the only witness against him—I went to a man named Parsons; he was working with me in Silcock's cellar—I gave him 5s. for the work he did for me; I did not offer him another 5s.—I spoke to him about the pipe; he saw it on, and was subpœnaed by the Gas Company and also by Mr. Silcock—he was working in my shop; I did not ask him to come and give evidence, certainly not; I said, "You saw the pipe on, Harry, did not you?" he said, "Decidedly so," and he was subpœnaed by the Gas Company—I did not tell him he would be well paid by the Company; I said that he would be paid his expenses, as he said that he could not afford to lose his time—I was here as a witness a little time ago, in Sergeant Bewlay's

case, who you defended; he was honourably acquitted; I had not sworn that I saw an assault committed—you called me—it was the Hyde Park riots.

MR. SERJEANT PARRY. Q. After this row were you on friendly terms with Mr. Silcock? A. No—I was in the habit of frequenting the house as a customer—I never asked him for money, nothing of the sort—when I said that I was the only witness, I did not know of other witnesses having been summoned—there is not the slightest pretence for saying that I offered 5s. to Parsons; he is here to-day for the defendant—if I am telling an untruth, he can prove it—I live in Blandford Street, and have a workshop opposite; I have been living there seven or eight years.

JOSEPH BOLTON . I am a gas meter manufacturer. I have carried on that business eleven years, and have had much experience both in dry and wet meters—I examined the meter in the defendant's cellar last night; it was in a proper position, and worked correctly if properly charged with water; it was then properly charged—the evaporation of water in three months would be about a pint, which would be about 1 per cent. against the Company and in favour of the consumer—there was no escape of gas, the pipe was close to the meter—if there had been a large escape, it would have been dangerous if a light was brought there.

(The prisoner received an excellent character.)

GUILTY.—Recommended to mercy by the Jury. Confined Six Months.

Reference Number: t18570511-619

619. HENRY JARVIS (50) and FREDERICK SCOTT (19) , Unlawfully meeting together in a public highway, and committing divers indecent acts. ( THE COURT. having read the depositions, considered that upon the authority of two cases decided by the Court of Criminal Appeal there was no case against the prisoners, there being only one person present.)

NOT GUILTY .

Reference Number: t18570511-620

620. JOHN CHAMBERLAIN (28) , Unlawfully assaulting Christiana Frost, with intent to ravish her.—2nd COUNT., Indecently assaulting her.—3rd COUNT., For a common assault upon Mary Walton.

MR. SLEIGH. conducted the Prosecution, and MESSRS. RIBTON. and SHARPE. the Defence.

GUILTY . on 2nd Count.

Reference Number: t18570511-621

621. JOHN CHAMBERLAIN was again indicted for assaulting James Seaman, a police officer, in the execution of his duty: to which he

PLEADED GUILTY .— Confined Three Months.

Reference Number: t18570511-622

622. JOHN HUFF (28) , Assaulting Bridget Noonan, with intent to ravish her.—2nd COUNT., Indecently assaulting her.—Other COUNTS., For assaults upon Christiana Frost.

He PLEADED GUILTY. to the 2nd Count, and received a good character.— Confined Three Months.

OLD COURT.—Saturday, May 16th, 1857.

PRESENT—Sir FRANCIS GRAHAM MOON., Bart, Ald.; Mr. RECORDER.; and Mr. Ald. EAGLETON.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18570511-623

623. WILLIAM RAY , JOHN SWEETLOVE , and SAMUEL WILSON , were indicted for unlawfully holding an illegal fair.

The defendants PLEADED GUILTY ., and entered into their own recognizances to appear and receive judgment when called upon.

NEW COURT.—Saturday, May 16th, 1857.

PRESENT—MR. Ald. CUBITT.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18570511-624

624. JOHN SLATER (24), WILLIAM JONES (20), ELIZABETH PARRY (20), and SUSANNAH CARROLL (22) , Burglariously breaking and entering the dwelling house of Frederick Ensoll, and stealing therein 51 yards of calico, value 4s.; his property.

FREDERICK ENSOLL . I live at No. 22, High Street, St. Marylebone. I went to bed about 11 o'clock at night on 22nd April—I was the last up, I believe; I was the last in the shop—I saw the fanlight over the shop door, and the glass of it was perfectly safe, and the premises were perfectly safe—I came down in the morning, about half past 6 o'clock; I did not go into the shop till a quarter before 7 o'clock—I saw a great deal of glass strewed about the floor inside, and the fanlight broken, and on looking I missed a piece of long cloth, which on the night before had been near the fanlight, on the top of a pile of goods—the hole in the fanlight was large enough to admit a person's band and body—it was a large square that was broken—the long cloth was near to the fan light, so that it might be reached by a hand put in—this piece of cloth produced is mine—it is the piece that was safe on the night of 22nd April, and was gone the next morning.

WILLIAM FUSSMIDGE . (Police sergeant, C 73). I was on duty in Oxford Street, at a quarter past 4 o'clock on the morning of 23rd April—I saw all the four prisoners walking towards a cab in John Street—I followed them—the two men put the two women inside a cab, and put in something which looked like this calico—the men walked towards Oxford Street, and the cab went away—I stopped the cab, and found the two women in it, and this roll of cloth—when I stopped the cab, the two men ran away—I told the cab man to drive to Vine Street station, and I took the women into custody—I asked them where they got the cloth, and neither of them would answer me—this is the cloth; I afterwards showed it to Mr. Ensoll, and he identified it—I afterwards went and found the two men together, in a coffee shop in Brydges Street, Covent Garden, and took them in charge.

Slater. Q. How far were we away from the cab? A. I saw you against the cab door, with the women—I was about fifty yards off but you and Jones walked towards me; you might have been twenty yards off me—I did not state that I did not know you at all; I said I had seen you in company with thieves before, and I have seen you several times in company with Jones and Parry—I knew your face—I was not near enough to see from which of you the cloth passed; it went from one of you.

Carroll. Q. Do you know me? A. I have not seen you with either of the others before.

RICHARD HOAR . (Policeman, D 46) I know the prisoners—I saw them all in company on the night of 22nd April, about a quarter or half past 2 o'clock, in Paddington Street, about 200 yards from where the robbery was committed—they had nothing with them.

Slater. Q. Did you speak to any one? A. I spoke to my sergeant about it—I never spoke to you—I was close to you—you rubbed against me as you passed.

DANIEL WALE . I live in Upper Rathbone Place, and am a cab driver.

On the morning of 23rd April my cab was hired by these four persons—the ladies were put into the cab, and the two men went away down Oxford Market—the ladies had this roll of calico with them.

Slater. Q. Did you not state that you did not know the men at all? A. Never—you hired my cab, and put the women inside, and both of you stood by the side of the cab when I got on the box to drive away—I was called out of the coffee shop, and you ordered me to go to Brydges Street, Covent Garden.

Parry. Q. Did not another man open the door and let us in? A. Yes, the waterman, but I saw you all four.

Slater's Defence. I never was in custody before; I know no more about this than any man in the Court; they did all they could to make these females swear that I was the person; when I was in the coffee house, the officer came and took me to the station, and the inspector said, "Be very careful, it is a serious charge to make against a man;" he said, "Never mind, I will take the consequence; "he said that he had seen me once before in the street, and the second time he said that I was an associate of thieves, and he had never seen me till he saw me in the coffee shop.

Carroll. If I had known the calico bad been stolen, I would not have got into the cab.

SLATER— GUILTY .— Confined Three Months.

JONES— GUILTY .— Confined Six Months.

PARRY— GUILTY .

CARROLL— GUILTY .— Confined Three Months.

Parry was also charged with having been before convicted.

JAMES BROADWELL . (Policeman, A 303). I produce a certificate—(Read: "Guildhall, Westminster; Elizabeth Moore, Convicted, Aug., 1856, of stealing a purse and money; Confined three months")—I was present—Parry is the person.

GUILTY.— Confined Six Months.

Reference Number: t18570511-625

625. JOHN BROWN (21) and SARAH THOMPSON (26) , Stealing 1 coat, 1 pair of leggings, and other articles, value 3l. 4s. 11d. and 11l. 5s. in money, of James Wisken.

WILLIAM OTTER . (Police sergeant, T 27). I know James Wisken. On the morning of 5th April I saw him, and he made a charge against two persons, whom he described—in consequence of that I went in search of the prisoners, and found them the same evening—Brown was in a beer shop in London Road, Staines, and Thompson was a short distance from the beer shop, going towards it—I took them into custody—I told Brown he was charged with stealing some articles of wearing apparel from James Wisken, who was then present—he said he did not know anything about the robbery—Wisken said in his presence that he was the man who was with Sarah Thompson at Highgate, where his things were stolen by her—Brown said, that if the things were stolen, he knew nothing about it—I took Brown into custody; I afterwards took Thompson, and said that she was charged with stealing some wearing apparel and money, the property of James Wisken, who was present—she said, "I did not"—Wisken said, "From information I have received, you did rob me"—she said, "No, I did not; if you have been robbed, it is by your brother"—he said that he did not know anything about that—I had known Thompson before, I had seen her in the neighbourhood where I took her—I searched a bundle belonging to Brown, and in it found this slop, which was immediately identified by Wisken, who said, "That is my slop"—I found this coin in a little bag in Brown's bundle; Wisken saw it, and said, "That is mine also; I can identify it by a hole in it; I bought it at Malta, on my return from the

Crimea, I gave two francs for it"—Brown said, "I know nothing about it"—Thompson said, "I picked it up in London"—on the return from the Magistrate's, I received some duplicates from Brown; I read two of them to the prosecutor, as he cannot read, and he said, "That property is mine"—Thompson said, "No, it is my property"—I went to the pawnbroker's, and saw the property; it is such as is described in these tickets—the prosecutor was with me, and he identified it—it was left at the pawnbroker's—they are not here—I have here a third duplicate, which I received from Wisken—I went to this pawnbroker, and he is here; he comes from Windsor—I spoke to Thompson about this third duplicate, and asked her if she knew anything about it—she said, "Yes, we pledged the articles, and brought some mutton home with us"—the prosecutor was there then—I asked Thompson who she meant by "we," she said, "I and Wisken"—Wisken said, "I did not go to Windsor to pawn the articles; I never was at Windsor in my life"—Thompson said, "You did go with me, and stopped outside the shop while I went in to pledge them"—he denied it.

Brown. That old slop belongs to me; I have a person in Court who knows it; I said the piece of coin and the duplicates belonged to the woman. Witness. No, you did not; you told the prosecutor the slop was your's, and you bought it of your brother.

Thompson. I told him the coin belonged to me, and I picked it up in the Caledonian Road.

GEORGE GEDGE . I am a pawnbroker, of Windsor. I produce a coat, waistcoat, and trowsers, pawned by Thompson on 1st April, in the name of James Wisken, for 1s.—I did not see Wisken till he was before the Magistrate—when Thompson pawned these things, she redeemed two rings, which had been pawned for 3s. 6d.

Brown's Defence. I worked at Barking till 1st April; Wisken was living with this woman for a week, and during that week these things were pawned. Brown called.

ELIZA EARLE . I live at Upper Clapton—Brown lodged with my mother three years—he left on the Friday before Christmas day—I can swear to this slop being his; here is a patch that I put on it before he left my mother's house, and by the front I know it; it is John Brown's.

Thompson's Defence. Wisken has been to see me since I have been in prison; he told me not to fret, and said he would be here on Tuesday; one of the men heard him say the words to me; he said that he was sure it was not me that stole the things.

NOT GUILTY .

Reference Number: t18570511-626

626. FLORA BANTING(21) and ELIZABETH WILSON (23) , Feloniously forging and uttering a request for the delivery of goods: to which

BANTING PLEADED GUILTY .— Confined Six Months.

MR. METCALFE. conducted the Prosecution.

JAMES SHOOLBRED . I am a partner in the firm of Shoolbred and Co. On 23rd April I received a letter purporting to come from the Marchioness of Salisbury—in consequence of that I had a parcel made up and sent to the Great Northern Railway Station, directed for Lady Salisbury, to be left till called for—I arranged with a detective officer to watch the parcel.

JOHN PROSSER . I am in the service of Messrs. Shoolbred; I superintend the packers. On 23rd April I made up a parcel with paper and other things, directed to Lady Salisbury, to be left till called for—I delivered it to White, the porter.

JAMES WHITE . I am porter to Messrs. Shoolbred. I received this parcel—I took it to the railway station, and left it in the cloak room.

JOHN COOK . (Policeman, S 198). I was sent in plain clothes to look after the person who came for this parcel—I saw it delivered at the booking office, and I waited till half past 8 o'clock—I saw the witness Munday, he asked for two parcels for the Marchioness of Salisbury—this parcel was given him, and he signed the book for it—I followed him to the arrival side, and when he was half way I spoke to him, and he took it to Banting, to the cloak room, on the arrival side—Banting came to the door of the cloak room, and took both the parcels of him—I asked her who she was—she said she was the Marchioness of Salisbury's lady's maid, and was going to take the two parcels to her—another officer took Banting; I took the parcels—we took her round the corner, and Wilson came up—she took hold of Banting on the left arm, and said, "What is the matter, my dear?"—I said to Wilson, "Do you know this person"—she said, "Yes, I do"—I said, "What do you know of her?"—she said, "She is the Marchioness of Salisbury's lady's maid"—I said, "Are you sure of that?"—she said, "Yes, she is a friend of mine; she is stopping along with me, and going to take these two parcels down to Hatfield by the train tomorrow"—I told her I must take her into custody, for being concerned in obtaining these goods by false pretences—she said she did not know anything about them—the prisoners were both very indignant at being taken, so much so that I was obliged to carry Banting to the cab, Wilson stating that I should have to suffer if the Marquis of Salisbury knew how they were used.

Wilson. You never spoke to me, it was the other officer. Witness. Yes, I spoke to you—you did not refuse to go to the cab so much as Banting did.

WILLIAM MUNDAY . I am a smith, in the employ of Messrs. Cubitt. On 23rd April I was passing the King's Cross station—I saw Banting; she asked me to go to the booking office, and ask for two parcels in the name of Lady Salisbury—I went and got this parcel and another; I was going to take them to Banting in the waiting room, the constable came and spoke to me—I went, and gave the parcels to Banting, and the constable took her—Wilson came up, and the constable asked her if she knew this young person—she said she did, and that she was lady's maid to Lady Salisbury.

ROBERT LOADER . I am a porter at the King's Cross station. I was on the arrival platform, and saw the officer take Banting—while he was doing so the prisoner Wilson came from the other gate to the arrival platform—she asked what was the matter—the officer asked her if she knew Banting—she said yes, she was a friend of hers, and she was lady's maid to Lady Salisbury—she appeared confused, and looked round and asked for a parcel or box—I said I belonged to the cloak room, in what name was it?—she said, "Thompson, from Hatfield"—I told her we had no such parcel—I heard her say that Banting called for two parcels for Lady Salisbury.

Wilson. I did not say parcels. Witness. Yes, you did.

SARAH HENNEUMONT . I live at No. 3, Monmouth Court. I know the prisoners; they came to my house, and took a room, on 19th of March, a month before they were apprehended—I only knew the name of one, which was Wilson, I did not know the name of the other—they lived together, and occupied the same room till the Thursday when they were taken.

JOHN NASH . I am butler to Lady Callaghan I know the prisoners as Fanny Benson and Elisabeth James; they were in the service of Lady Callaghan—Benson came in May, 1855, and left in 1856—James came in Jan., 1856, and remained there till 24th April—I believe they both afterwards lived at Lady Charlemont's, in Ireland, but I have not seen them there—I have not seen Benson since she left Lady Callaghan, but I saw James in a shop last year when Lady Callaghan was in London.

Wilson's Defence. This young woman came and lodged with me; she asked to stay with me; as my husband had gone away, I consented that she should do so; I went with her to the station, and the constable took her; I asked him what was the matter, and he asked if I knew her; I said, "Yes, I did;" he said, "Do you know anything about these parcels?" I said, "No;" I know nothing more till I was taken to the station.

(The note was here read, at follows: "Lady Salisbury requests Messrs. Shoolbred to send two dresses, two mantles, one box of white kid gloves, one box of handkerchiefs, and six pain of stockings. Be kind enough to enclose them, and have them booked at the King's Gross station.")

THOMAS GEORGE NASH . I attend from Lady Salisbury's. This letter is not her writing, nor that of Lord Salisbury's, nor any one in their establishment—Banting was never Lady Salisbury's maid, certainly not.

WILSON— GUILTY .— Confined Six Months.

(There were two other indictments against the prisoners.)

Reference Number: t18570511-627

627. JAMES DYAS (18) , Unlawfully assaulting Jane Bradbury.

GUILTY .— Confined One Month.

THIRD COURT.—Saturday, May 16th, 1857.

PRESENT—Mr. Ald. Rose; and MICHAEL PRENDERGAST., Esq.

Before Michael Prendergast, Esq., and the Ninth Jury.

Reference Number: t18570511-628

628. THOMAS BURNS (29) and JAMES WILLIAMS (27), alias Richard Burns , Feloniously forging a receipt for 5l., with intent to defraud.

MESSRS. ROBINSON. and M. J. O'CONNELL. conducted the Prosecution.

JAMES EDMUNDS . I am a rent collector, of No. 9, Milton Street, Finsbury. On 12th Feb. I saw an advertisement in the Morning Advertiser; in consequence of which I wrote a letter, and received an answer, which I afterwards returned to James Williams, and he told me that Mr. Williams had written it—in consequence of that letter I went to No. 2A, Judd Street, on 13th Feb., and saw James Williams—I told him that I had received a letter on 13th Feb., wishing me to call at his office, and told him that I had respecting the situation—I showed him the letter, and told him that I had come in consequence of it—he read the letter, and said that Mr. Williams was not within, but that he had left the particulars with him—I asked him what it was to collect—he said, "Rents and debts, and occasionally to go to the County Court"—I asked him what the 10l. note was for—he said, to guarantee that the money I received was returned, as there was a deal of money—I told him that I must consider of it, and he should hear from me again, either in the evening, or the following morning—I wrote to him the same evening, and on 5th March received this letter (produced) from James Williams—I saw him on 6th March, and told him that I had come

to pay the 5l. note which I had mentioned in my letter on the 5th, and took his letter in my hand—he said that Mr. Wilson was not within, but he would go and fetch him—he took the letter up, laid it down again, and put it into his pocket—(The letter was dated Judd Street, 5th March, stating that it had been wrongly addressed, and returned through the dead letter office, to the writer, and requested an interview at 9 o'clock at the writer's office about the situation. Signed, James Williams.)—he left me in the office, and returned with the prisoner, Thomas Burns, saying, "This is Mr. Williams"—I had seen him pass through the office on a former occasion, but that is all—I told him that I had called to pay the 5l. and handed it to him in gold—he took a piece of blank paper, went to the back parlour, and returned with it written on, and handed the paper to me as a receipt—the ink was then quite wet—this is it—(Read: "Received of James Edmunds the sum of 5l. on 6th March, 1857, as a loan and security for his faithful services with James Williams, 2 A., Judd Street, New Road. J. Williams.")—it is a little smeared; I closed it before it was dry—the other prisoner was present when I got it, he asked me if I thought I should like the situation—I told him I had got to prove that—he asked me if I could come at once—I said, "No"—the other prisoner was present when he asked me that—(Thomas remained till I left the office)—James said that I had better come on the following Monday morning at 9 o'clock, and I went and saw James only—I swear the man who I now call James Williams, not the man who had signed "James Williams"—he did not give me his name till afterwards—on that Monday he gave me some letters to deliver, which he said that Mr. Williams had written, and I did nothing else, no collecting—I went again next day, and both the prisoners were present—James Williams told me in Thomas Burns' absence that I was to go and view an oil and Italian ware-house for them, and get the full particulars, the rent, and the amount of the taxes—it was at Blenheim Terrace, Marlborough Road, Fulham—I went and got the particulars, and returned the same day, and saw the two prisoners; and Williams, in Burns's presence, gave me some more letters to deliver—I delivered all of them, and returned again in the evening—I told them that it was not the situation I had engaged for—Williams told me I could not have the situation I had engaged for till after Saturday, as their other man would not leave till Saturday; he then proposed for me to come on the following Monday, March 16th, but on Friday, the 15th, I went to ask them to produce their rent books—I spoke to James Williams, and he refused to do it; the other was not present—I went again on the 14th, they were both present then—I asked them, if they could not find the situation, to return me my money—James Williams said that they could not return me the money, as it was at the banker's, Messrs. Selow and Co., of Leicester Square—I did not call on Messrs. Selow—among the letters I had to deliver was one directed to J. B., Paradise Street, High Street, Marylebone, who opened it in my presence—I got it from James Williams.

Cross-examined by MR. PAYNE. Q. If I understand you rightly, the person who spoke to you, and had the conversations with you, was James Williams? A. Yes, and on some occasions the other was in the room, and did not take any part in the conversation—I only was there about a minute on the Tuesday, but I had sufficient time to see James Williams; they gave me some letters as soon as I got in; that was about a quarter past 12 o'clock.

Cross-examined by MR. RIBTON. Q. Do you reside in London? A. Yes—this house in Judd Street is a house agent's and registry office for

servants—(The advertisement being produced, stated that the salary would be 12. per week, and that personal security must be given of 10l. returnable on leaving. Address B. A., Mrs. Collins, Bell Yard, Temple Bar.)—I never went to Mrs. Collins—it was on Friday, the 6th, that I paid the money—I began on Monday, the 9th, and was to receive 1l. a week—I delivered thirteen or fourteen letters on the Monday in Marylebone, Regent's Park, and one in Camden Square; that was to a Miss Richardson—I was told to wait for an answer, but she did not pay me anything—part of my business was to collect money—Miss Richardson opened the letter, and told me that Mr. Williams had not sent her any servants from the office, that she had engaged with, and that she should not pay anything—she knew the office, and knew him by the name of Williams—I got no money from anybody—no one said to me that I was so impudent they would not pay me anything, and I never was—the house and business at Fulham were to be disposed, of; Williams did not tell me that they had come there, and left the address with him, that he should negociate the sale of it, nor anything like that—I looked over it, and told him the rent, and taxes, and the size, and the business, and that I thought it was a very good neighbourhood for business—this is the letter I delivered at Paradise Street, "No. 2A., Judd Street Please call relative to your advertisement"—I went with an officer, and got that letter from No. 1, Paradise Street, where I had delivered it—the gentleman said that he knew nothing about it, but that J. B. was his initials—on Wednesday I had four letters which I had left undelivered on Tuesday, Williams had told me that there was no occasion to deliver them till Wednesday morning—he had not told me that I was to deliver circulars, when there was no money to be collected—I was a rent collector before this—I collected for Mr. Miles, in Milton Street, and had 5 per cent on all the rent I collected—I left there because he died; that is twelve months ago last Nov.; since then I have been collecting for Mr. Smart, and for Mrs. Wilson, at Holloway—I refused to go out with any more letters after Wednesday, and did not go back on Thursday—I went on Friday to ask him to produce some rent books, and took a witness with me, George Norris, and saw James Williams—he did not say to me that if I had kept on during the week, as I had engaged, that my week's salary would have been paid me—I asked him if he would produce some rent books, and he refused—I asked him if he would tell me where the houses were situated, and he refused—I told him I did not think he could produce either rent books, or tell me where the houses were of which the rents were due—he said that he could, but did not feel inclined to do so.

COURT. Q. What was your salary to be? A. 1l. a week, so James Williams told me on 14th Feb.—I am sure of that—I got no salary at all—my duties began on 9th March, hours 10 to 5 o'clock—I did not like walking so far, I must have walked from thirty to forty miles the first day with these letters—I took a letter on Tuesday to Bloomfield Street, Pimlico—I do not know the lady's name, as it was only her initials; she opened it, and told me that she thought it was something which was not right, and would call on Mr. Williams the same evening—James Williams had told me that I was to wait for an answer there—I told Williams that, and he said nothing.

MR. RIBTON. Q. Did you go back on Saturday? A. Yes, and saw both the prisoners, and Burns said to me, "If you had fulfilled your office, you would have had your week's salary"—I told him it was not the situation I had engaged for, and I should not think of fulfilling it—I staid there

about half an hour on the Saturday—I did not go in the following week—on Tuesday, 10th March, I told Williams that I did not consider my receipt was a receipt, and I had rather hare an I O U; he said that Mr. Williams was not within, and would not be in—I did get this I O U (produced)—Williams said that Mr. Williams would not be in, but if I liked he would write me out a receipt, and he wrote this, and signed it, "James Williams," and gave it to me—(Read: "No. 2A., Judd Street. I O U, James Edmunds, the sum of 5l. James Williams and Robert Brown")—I never went there after the Saturday, I went to the sitting Magistrate.

COURT. Q. When was your first week up? A. On Saturday, 14th March, and on that day I asked them to return the money; he told me he would give me my wages if I kept in the office—I told him on the Saturday that it was not the situation, and he said, "There is the situation; if you like to fulfil it, you will have your week's wages"—I said nothing about when my wages were due, I was not inclined to receive wages—I did not want to have anything more to do with them—I did not make any demand for wages—I said that I wanted my money back, or the situation I had engaged for.

JOHN BELL . I live at No. 1, Poinder's Street, Marylebone, and am a hairdresser. I received this letter from the last witness, and opened it in his presence—it is, "2 A., Judd Street Please call relative to your advertisement on Wednesday, the 11th"—I know nothing of the prisoners—I had not advertised.

Cross-examined by MR. RIBTON. Q. Do a great many people come to your shop? A. Yes—I have taken in answers to advertisements, twelve months ago, but not lately.

MR. ROBINSON. Q. Has any "J. B." told you that letters would be left with you? A. No—nobody has called for such a letter—I have heard of no advertisement referring people to my place.

GEORGE NORRISS . I live at No. 89, Milton Street. On Friday, 13th March, I went with Edmunds to this house in Judd Street—I saw James Williams; and Edmunds asked him to produce the books referring to the property he had to collect for—he said that if Mr. Williams had been in he could do as he liked, but he should not produce any books—Edmunds asked him to return the money—he said that he could not, as it was in the banking house—Edmunds asked him where his banking house was—he said, "Selow and Co., Leicester Square"—I have looked the list over for a banker of that name, but am unable to find one—I know Leicester Square pretty well, but do not know a banker of that name—I have not been there on purpose to inquire, but have inquired of others who are acquainted with banking houses—I am not acquainted with the bankers there, but I have made inquiries in the City—(MR. PAYNE. handed his almanack to the Court, in which the name "Seal, Lowe, and Co., 15, Leicester Place," appeared in the list of bankers.)

WILLIAM HILL . (Policeman, S 39). I have known the prisoners for some time—they are brothers, and have acknowledged it to be so—I have had something to do with them before—I have known Thomas Burns in that name for years, and the other by the name of Richard Burns—I have never known Thomas Burns by the name of James Williams—he has been a policeman, and I know his writing very well—this receipt, signed "James Williams," is in his writing, and he acknowledged to me that he had written it, by the over persuasion of his brother—he said that to me on, I think, Sunday, three weeks before they were taken into custody.

COURT. Q. What name do you know the other by? A. Richard Burns, and latterly by the name of James Williams—he did not take the place No. 2A., Judd Street, till about four or five months since—I inquired in Leicester Square, for Selow and Co., and was informed that there were no such persons there—(MR. ROBINSON. stated that the name of "Seal, Low, and Co." appeared in the Directory, not only in Leicester Place, but in Leicester Square.)

Cross-examined by MR. PAYNE. Q. Have you known Thomas Burns in the police for six or seven years? A. Yes—he was in plain clothes most of the time he was in the police, up to the end of Dec. last, and then resigned—on the Sunday week before he was taken into custody I saw him, and showed him the receipt—he admitted that it was his writing, and said that he did it for his brother—I saw him in the station in the course of the following week—I saw him several times between then and my taking him into custody—he has never denied writing this receipt—he never told me that their mother's name was Williams, but that she was not married to their father, whose name was Burns—I do not know Hibbert, the pariah clerk of Exton—a constable who ought to have been here is not here—I could have taken Thomas Burns at any time—I have been searching for somebody else, whom I have not been able to find—I produce this paper, purporting to be a receipt for 5l., and a purse, containing seven duplicates, for which an application has been made by a young female—I did not know Thomas Burns before he was in the police.

Cross-examined by MR. RIBTON. Q. How long have you known him going by the name of James Williams? A. Four or five months, since he has been in this place, not before.

MR. ROBINSON. Q. What have you known of Thomas Burns since he left the force? A. I have only seen him with his brother—I have seen them in company at Ossulton Street and at Euston Square—I saw them together soon after Williams went to Judd Street, and since from time to time—(MR. RIBTON. contended that it was necessary that the name should have been assumed for the purpose of fraud in this particular transaction, which could not have been the case, as the place was opened in that name four or five months before; also, that the name had no influence upon the prosecutor in giving the 5l. (See Bonteen's case.) The COURT. considered that if one of the prisoners assumed the name of James Williams, and signed a receipt in that name, that was a forgery; and that if James Williams was present when Thomas Burns uttered it, the two uttered it together.)

COURT. to JAMES EDMUNDS. Q. What name did James Williams give when you went first? A. He told me that his name was Brown, and that Mr. Williams was not there, and would not be there till late.

JURY. to WILLIAM HILL. Q. When was this concern closed? A. On Tuesday, 7th April.

BURNS received a good character GUILTY .— Confined One Year.

WILLIAMS— GUILTY .*— Confined Eighteen Months.

(There was another indictment against Williams.)

Reference Number: t18570511-629

629. WILLIAM RUTTER (28) , Unlawfully having in his possession at night certain implements of housebreaking, without lawful excuse.

MR. M. J. O'CONNELL. conducted the Prosecution.

JOHN TOTTINGHAM . (City policeman, 1773). On 1st April, at about quarter past 11 o'clock at night, I was on duty in Liverpool Street, and saw the prisoner and three more men loitering about in the neighbourhood of Bell Square, Blomfield Street, about twenty-five or thirty yards from me—they stopped

against the door of No. 1, Liverpool Street, and two of them turned round to look after me—they then all four went in the direction of Rose and Crown Court—I went round my beat; and came to the bottom of Liverpool Street again, and saw one of them, not the prisoner, standing at the same corner—he saw me, and went into Rose and Crown Court—I followed him, and then saw another man meet the prisoner—that was on the boundary of the metropolitan district, and I drew the attention of Wakefield, a metropolitan constable, to the prisoner—I went to follow the other one, and afterwards found the prisoner in custody of a metropolitan constable, and assisted in taking him to the station—I searched him, and found these three keys and two padlocks (produced); one is a skeleton key—I call it so because I never saw one like it; there ought to be another ward—I think it would open more locks than a key of the ordinary make—one key fits both the padlocks—there was a padlock on the door of No. 1, just about the size of this; and if it was broken off, this one might be put on so as to deceive the police, and conceal what had been done—the prisoner gave me no address.

Cross-examined by MR. SHARPE. Q. Is not this a very ordinary shaped key? A. There is no ward of this kind to skeleton keys in general, and I do not think I have seen one as straight as this—there were two lamps between me and the prisoner—I got close to the prisoner and passed them, and they came out of the square and passed me—I am certain he is the man—I lost sight of them, but saw the prisoner again when I went into Rose and Crown Court, about two minutes afterwards; a man resembling one of the others met him there—I observed the faces of the whole four—I was close to them.

ISAAC WAKEFIELD . (Policeman, C 133). I was on duty on 1st April, about half past 11 o'clock in Rose and Crown Buildings, Blomfield Street. Tottingham told me something—I went up the court towards Bell Alley, and he followed me—I saw the prisoner look round the corner very quickly, and withdraw himself—I ran after him, and saw him stoop and place something in a doorway; it made a great noise against the door, and rattled like iron—I took him within a yard of the door, took him back, and found this jemmy (produced)—we took him to the station, and afterwards went to a house at the corner of Liverpool Street and Blomfield Street, and found three marks on the door and one on the shutter; those on the door exactly corresponded with the end without the claw of this jemmy.

Cross-examined. Q. Did you try it with the marks? A. Yes, and it fitted exactly; many jemmys are smaller than this—I am sure the marks were fresh—the shutter was forced open an inch or two, by the same instrument apparently—Bell Alley is at right angles to Rose and Crown Court; there is a public house at the corner—I was twenty or thirty yards from the corner, when I was in Rose and Crown Court—I was eight or ten yards from the prisoner, when I ran after him—he was about two yards from me when he put down the crow bar; he took it from under his cuff—I could see him withdraw it, and saw that it was dark, like iron in his hand, before he put it down—he turned no corner, and I did not lose sight of him.

JOHN CAVE . I am a tailor, of No. 1, Blomfield Street, at the corner of Liverpool Street; nobody sleeps on the premises. I came down on the morning of 2nd April, and found three marks on the double doors which lead into the street, such as might be made with this instrument (produced)—I found three similar marks under the bottom of the door; and round

the corner, in Blomfield Street, the shutter bolt at the top was forced off and the shutter split up.

Cross-examined. Q. At what time had you closed the house? A. At 8 o'clock in the evening, when I left, it was then securely fastened; there were no marks on the door then.

GUILTY .*— Confined Ten Months.

ESSEX CASES.

Before Mr. Recorder.

Reference Number: t18570511-630

630. MARY SHELLITO (35) , Stealing 1 shirt, and other articles; the goods of Charles Thomas Butterfield, her master.

MR. PHILLIPS. conducted the Prosecution.

ANN BUTTERFIELD . I am the wife of Charles Thomas Butterfield, of Barking. I have been in the habit of employing the prisoner as a washerwoman—on 6th Jan., I missed a shirt, a pair of trowsers, and a little frock—I saw them again at the pawnbroker's, on 30th April—these (produced) are them—they were all missing at the same time—they are my own make.

Cross-examined by MR. McOUBREY. Q. How long have you known the prisoner? A. Two or three years—her character has been very good up to this time—she is married, and has a family—I only employed her occasionally to wash and char—these things had not been in the wash.

JOHN WILLS BURRELL . I am assistant to Messrs. Tomlinson and Budd, pawnbrokers, Barking. On 13th Feb., these three articles were pledged at our shop, by Ann Deane, for 4s.—this is the ticket I gave (produced).

ANN DEANS . I live in Fisher Street, Barking. I know the prisoner—on 13th Feb., she came to my house with these things, and asked me to pledge them at Mr. Budd's, as she was in want of a little rent, and she would satisfy me for my trouble—I took them, and got is. on them, which I gave to the prisoner, with the ticket.

Cross-examined. Q. Are you in the habit of pledging things for other people? A. Yes; I go on errands, or mind children, or do anything to get a trifle.

JANE BARNES . I am a searcher at the police station, Barking. The prisoner was brought there on 28th April, I searched her, and found on her eight duplicates; I gave them to the officer—these are them.

JOHN BAILEY . (Policeman, K 456). I apprehended the prisoner, and charged her on suspicion of stealing these things; she said she was innocent, she did not know anything at all about it—these duplicates were given me by Mrs. Barnes.

Cross-examined. Q. I believe, except that one, they refer to property of her own? A. Yes.

GUILTY. of larceny only.—Recommended to mercy by the Prosecutrix. Confined One Month.

Reference Number: t18570511-631

631. WILLIAM DAY (32) and JAMES DEVO (33), were indicted for stealing a cruet stand, a mustard pot, and other articles; the goods of Henry Green, in his dwelling house.

MESSRS. SLEIGH. and SHARPE. conducted the Prosecution.

SAMUEL MARSH . I am butler to Mr. Henry Green, of Hoe Street, Walthamstow; I have charge of the plate. On Friday, 24th April, there was a cruet stand on the sideboard, and a mustard pot with a spoon in it—they were safe at a quarter past 2 o'clock—I missed them about 5 minutes

before 3 o'clock, when the gardener came in and made a communication to me—they were worth 5l. at the very least.

Cross-examined by MR. Robinson. (for Day). Q. How many servants are there in the establishment? A. Five maid servants and myself—I believe the hall door was open, it is generally open in fine weather; if I had known it had been open I should have shut it, but the young ladies and gentlemen generally have it open; they were at home.

COURT. Q. Was that the only way of getting in? A. Yes, the dining room is on the ground floor, and the door is about four or five yards from the hall door.

CHARLES DUMSDAY . I am gardener to Mr. Green. On Friday, 24th April, I was in the garden about 5 minutes after 3 o'clock, I cannot speak to a minute—the house stands back about ten yards from the iron gates—I was standing at the corner of the house about four yards from the hall door—I saw a man leave the hall door with a sort of carpenter's basket in his hand; he walked direct from the door to the iron gate, opened the gate, and as he was shutting it, he raised his hat, and said, "Good day," as if he was speaking to some one at the hall door—I see that man in Court, it was the shortest prisoner, Day—as he went from the hall door to the gate, I only had an opportunity of seeing his face sideways—I saw him at the gate when he shut it, and then as he turned towards the hall door, and I saw him afterwards in the cart—there was a cart outside, and a tall man in it; I could not swear to that man—I did not see Day get into the cart, but I saw him in it before he was well seated—I had an opportunity of seeing his face after he got into the cart, he turned and looked back towards the house, towards where I was standing in the road—immediately ascertained that a robbery had been committed—on the next Tuesday evening, the 28th, I went with Cowan, a policeman, and Hunter, a detective officer, to Bethnal Green, to the Reindeer public house—I went in with one of the officers, and saw some men there—I did not see Day there—we came out, and went across the road to the other constable, and as we stood talking there, the prisoner Devo came outside the door, and looked right and left—I spoke to the constable; Devo went back into the house again—the constable and I then went into the house, and met Devo returning, and Day along with him, down the steps into the street—I immediately recognised Day, the moment I saw him—the officers took them both into custody—neither of the officers had pointed Day out to me—I have no doubt now (looking at Day) that he is the man I saw leaving Mr. Green's house on the occasion in question—Devo resembles the other man that I saw in the cart, in figure and appearance.

Cross-examined by MR. Robinson. Q. Had you been working at the same spot for some time? A. Yes, I was working to and fro—as you stand at the corner of the house, you can see the hall door and the gates—my suspicions were excited when I saw the man leave in that way—I went into the road to see what became of him, and then ran into the house to the footman—I did not mention at first before the Magistrate about the man touching his hat—I am still in Mr. Green's service, and have been so nearly two years—I had never seen the man before, to my knowledge.

JOHN BECKERSON . I am superintendent of the N division of police. On Friday, 24th April, I had an appointment to go to the Walthamstow police station, at 3 o'clock in the afternoon—about 10 minutes before 3 o'clock, I turned out of the Lea Bridge Road, into Hoe Street, and as I was approaching Mr. Green's cart, I saw a horse and cart, and a man sitting in the cart; the horse's head was turned towards Lea Bridge Road, towards me, from

Mr. Green's house—the cart was about 100 yards off when I first saw it—there is a bend in the road, and when I came round that bend I saw it standing there—I approached it, and passed close by it—I recognise the person I saw sitting in the cart, it was Devo, to the best of my belief—I had never seen him before, he was sitting quite still, and when I got within twenty or thirty yards of him, he apparently recognised me as a police officer, and dropped his head down, with the brim of his hat shading his eyes—I was on horseback—I passed very close to the cart, I was looking so intently at the man, that the mare nearly rubbed my foot against the wheel—I believe Devo to be the man—I saw nobody else.

COURT. Q. How near to Mr. Green's house was the cart standing? A. About thirty-five yards, on the opposite side of the road, a little towards London.

Cross-examined by MR. Metcalfe. (for Devo). Q. This was on the main road? A. Yes, it is called Hoe Street—there are only three houses near there, Mr. Green's, and two others—I did not observe the man until I noticed that movement of his head, because I thought it was a tradesman cart standing there—he kept his head hung down—when I was afterwards, required to speak to Devo, I requested that his hat should be put on before I did so—I heard of the robbery about a quarter of an hour or twenty minutes after—I had never seen the man before that I know of—I was trotting past the cart.

MR. Sleigh. Q. Looking at him now, have you any doubt that he is the, man you saw in the cart on that occasion? A. I have no doubt—he was in custody when I saw him again.

BARTHOLOMEW MUGGERIDGE . I am a plasterer, working in the neighbourhood of Walthamstow. On the afternoon of 24th April, I was in the Lea Bridge Road, near the works of the East London Water Company—I was at work there—I saw a horse and cart being driven along the road—there were two persons in it, one was a tall man, and the other a shortish man—I believe Devo to be one of the men—all I know of the other man is, that he seemed much shorter than the other, and he kept continually looking round behind him as the cart came towards me—I do not see any person in Court who at all resembles that man—I did not take any particular notice of him.

Cross-examined by MR. METCALFE. Q. The cart was going at a great pace, was it not? A. Yes; it did not pass me in a moment, I had a fair opportunity of seeing the men, of taking notice of one of them—I was on the right hand side of the cart going from London, the side nearest the shorter man—I was engaged plastering a wall—we do not always have our eyes fixed on our work; I was working by the day—the man I saw very, much resembles Devo, but I would not swear to him.

FREDERICK WHITMAN . I am a groom, living at Walthamstow. On Friday, 24th April, I was near Lea Bridge, just after 3 o'clock, and saw a cart coming along, with the two prisoners in it, driving very fast towards London—it was a light spring cart, and a light bay horse with three white legs—the tall man was driving, but I cannot identify him—the other man was the prisoner Day—I am quite certain it was Day.

Cross-examined by MR. ROBINSON. Q. Whose service are you in? A. I am not in service now; I left at Christmas—I have been out of place ever since—I have been living at home with my mother; she is a dressmaker—I have no father—my mother keeps me—I expect to go to a place very shortly—the horse was going very furiously; I should reckon it to be fourteen

miles an hour, but it might not have been so fast—it was a nice looking horse—seeing it come alone so quickly rather attracted my attention—I did not think anything was the matter—I saw it before it got to me, and admired its action—the prisoners were in custody when I next saw them.

MR. SIEIGH. Q. Were you in the service of Mr. Shepherd, a stock broker? A. Yes, ten months—I left in consequence of a little disagreement between me and my fellow servants—the man turned round more than once in the cart after it had passed me, I should say twice—I saw his face at that time—I have not any doubt about Day being the man; I saw him the morning after he was taken.

JAMES REYNOLDS . I was in company with Whitman on the Friday afternoon—I saw a horse and cart coming along the road—there were two persons in it—I recognise Day as one of those persons—I saw him before the cart reached me, and I saw his face after it had passed—I have not the least doubt at all about his being the man.

Cross-examined by MR. ROBINSON. Q. What are you? A. A labourer; I am in the service of Mr. Henry Barclay—I was not in service at that time—I have known Whitman twelve or fourteen years; we went to school together—we were out together looking for a situation; we had been to town, and were going home—I am no judge of horses; I did not take any particular notice of the horse—Whitman pointed out to me the rate at which it was going, and I looked at it—it was going at a very great rate—Day was in custody when I saw him next—Whitman was not with me when I first saw him.

MR. SIEIGH. Q. When you saw him, did you immediately recognise him as the man you had seen in the cart? A. Yes—I believe him to be the man.

MR. ROBINSON. Q. You were not present at the first examination? A. No—last Saturday was the first day I was there—I saw Whitman frequently after this—I am in the habit of seeing him pretty well every day.

GEORGE HUNT . (Policeman, N 357). In consequence of information, I went to the Reindeer public house, in Cambridge Heath Road, on Tuesday evening, 28th April, in company with Cowan and Dumsday—I was present when Dumsday pointed out Day in the Reindeer—he was taken into custody—I took Devo at the same time—he was charged with Day—I saw Day searched at the station, and twenty-two sovereigns, an Albert chain, and some duplicates found on him—on Devo I found thirteen gold rings, 2l. 10s. in gold, 4s. 6d. in silver, and 3d. in copper.

Cross-examined by MR. Metcalfe. Q. Was there a pocket book also? A. Yes, found on Devo, and two duplicates—I also found some invoices (producing them)—they do not correspond with the rings I found; I found that they were genuine invoices; they do not relate to any of the rings—they refer to jewellery.

MR. Sleigh. Q. Have you the duplicates? A. Yes—one is for two rings, pawned for 4l., and the other for eighteen yards of silk, for 30s.

FREDERICK COWAN . (Policeman, N 77). On Tuesday, 28th April, in consequence of information, I went with Hunt to the Reindeer, about 9 o'clock—I saw the prisoners there, inside the bar—Dumsday pointed them out MR. Metcalfe. called the following witnesses for Devo.

MARY ANN KYNASTON . I am the wife of Robert Kynaston, who keeps the Panther public house, in Hope Town, Bethnal Green. I have known Devo for these ten years—I saw him on Friday, 24th April, from 20 minutes past I till nearly half past 1 o'clock, at our house—he deals in jewellery; you may say he is a general dealer, not exactly a hawker; he

travels—he left our house about half past 1 o'clock, and I did not see him any more until he was in custody—he had a glass of ale, and went into our kitchen—we had a piece of roast beef, and he said, "I should like to have dinner off it," and he touched my servant on the shoulder, and she said, "I wish you would keep your hands off."

Cross-examined by MR. Shares. Q. I believe you are the mother of Mrs. Sarah Devo? A. Yes, I am—Sarah Devo was examined for the defence before the Magistrate; she had very little to say—she is a sister-in-law of the prisoner's—I am positive this was on 24th April; being on the Friday, we are generally busy, cleaning up for Saturday—I have no other reason for knowing it was the 24th April, but that I am quite certain of it—Devo is in the habit of coming to our house occasionally, sometimes once a week, and sometimes once a month, and sometimes more than once a week—I cannot say when he was there before; it might have been a day or two before; I cannot say positively—I cannot remember any particular day that he was there before, he comes in at all hours—occasionally he comes in for a glass of ale, and away he goes; he is not a customer to sit down—I remember this was from 20 minutes to half past 1 o'clock, because we were just going to dinner; it was being taken down—there were several other persons in the house at the time; I cannot say how many; people were coming in for their dinner beer, and so on—there was no person with Devo—I think I heard of the robbery on the following Tuesday, the 28th, but I did not see him again till I saw him at Ilford.

COURT. Q. How came you to hear of it on the 28th? A. News flies about—I live a long way from Walthamstow—I heard that he was taken up, and then, of course, we all said we knew he was innocent—my attention was called to the last time of his being at our house, as soon after as the following Tuesday; I could not be mistaken in the day.

JURY. Q. Do you know Day at all? A. I know him by seeing him as a customer occasionally—I cannot say that I have ever seen him these with Devo—I do not know him as a friend of Devo's; I never saw them together that I know of; I cannot say exactly; I may have seen them together.

SARAH DEVO . I am the wife of the prisoner's brother, and live at No. 6, Hope Town, Bethnal Green. On Friday, 24th April, Devo was at my place, from about 1 o'clock till about a quarter past—I did not see him at any time after that.

Cross-examined. Q. Do you know that Devo and Day are friends? A. I have seen them both together in a public house, but not drinking together—I have seen them together on more than one occasion—Devo is my brother-in-law—Day I know nothing about—I have never seen them walking or speaking together.

COURT. Q. Then how do you know anything of Day? A. I have seen him in the house that my father keeps, as a customer; that is all.

ROBERT JAMES CHURCH . I am a licensed victualler, at No. 1, Virginia Row, Bethnal Green. That is about five minutes' walk from the Panther—on Friday, 24th April, I saw Devo at my bar—I had just sat down to my dinner; as near as I can say it was half past 1 o'clock—I generally sit down to dinner at 1 o'clock, but it was rather late that day, and I had just that moment sat down as he came in—he called for a glass of half and half and remained there from that time till as near 3 o'clock as I can say—he merely stood there with one or two others, drinking—one was a gentleman named Magnus, one of the officers of the Shoreditch County Court, and the other was Mr. Moulton, a butcher—I do not recollect anybody else;

there were several others in and out—I knew Mr. Britton; he was with him—I am quite sure that from somewhere about half past I till about 3 o'clock he was in my house.

Cross-examined. Q. How do you happen to know that this was Friday, 24th April? A. I have a most excellent guide to go by, and that is that the Excise officer called in at my place on that day, and took my permits away, and signed the book the 24th April—that was at 2 o'clock or a little after—I do not know the Excise officer's name; he never signs his name, only just puts his initials; he is not here, I meant to bring the book—Devo was in front of the bar, not in my room—the three persons I have named were not standing with him the whole of the time—it was about half past 2 o'clock when Mr. Magnus drank with the prisoner—Mr. Magnus did not remain there any length of time, for he had an execution in a house opposite, and he was obliged to go backwards and forwards there—Moulton came in somewhere about 3 o'clock, it was just before the prisoner left—Mr. Magnus had gone then—I think he and the prisoner both went out together, but that I cannot exactly say, for I was about the place about my duty—I did not see Devo leave, but it is my usual practice to go up stairs and lie down about 3 o'clock, and I recollect going up stairs, and leaving him at the bar—Britton was standing at the bar with him; I believe they left together, but I left them at the bar when I went up stairs—I did not look at the clock when I went up stairs—I should not think I lost sight of Devo for five minutes during the whole of the time he was there—I had my dinner while he was there, but my bar parlour is almost in the bar, so that we do not lose sight of any person—I was examined before the Magistrate last Saturday week.

MR. METCALFE. Q. Had you known Devo before? A. I think I have seen him in my place about four times during the year—I am quite confident of his being the man.

COURT. Q. How soon after Friday, the 24th, were you spoken to about it? A. On the following Wednesday I think—I have a distinct recollection of it, but I should not have recollected it had it not been for my book—I am sure it was the day that the Exciseman came; he came while Devo was there—I do not know Day at all—I have never seen him with Devo, he is a perfect stranger to me.

HENRY ROLAND BROWN . I am a licensed victualler, and keep the Fountain, in Virginia Row, about 100 or 150 yards from Mr. Church's. I know Devo—I saw him at my house on 24th April—he came in about a quarter past 3 o'clock, and I left him there at 25 minutes to 4 o'clock, when I went out—I did not see any one else—there was no other customer in the house but him at that time—I did not hear of his being in custody until nearly a week after—I was then called on, and gave evidence before the Magistrate.

Cross-examined. Q. When were you examined before the Magistrate? A. Last Saturday week and last Saturday—I recollect this was on 24th April, because I was filling up gin at the time, and found I was short of spirit, and I said, "I must go to Booth's directly," which I did; I was going there when I left—he was in front of the bar—I do not believe there were any other customers in the house when he came in—there might have been a casual customer come in afterwards, I cannot say—I have never seen Devo and Day together, to my knowledge—I have seen Day before—I do not know that he is a leather seller—Devo occasionally comes to my house; I dare say he has called in something like once or

twice in a week, and sometimes not once in a month—I should think he had not called in for three months before—I cannot mention any other day on which he was there—I know the exact hour on this occasion, because I could not see Mr. Law, the head man, at Booth's after 4 o'clock, and that made me look up at the clock, and it was a quarter to 3 o'clock just before Devo came in, and as I passed Shoreditch Church it wanted 20 minutes to 4 o'clock—my house is something like 300 or 400 yards from Shoreditch Church.

EVAN MAGNUS . I am one of the officers under the bailiff of the Shoreditch County Court. I know Devo by sight perfectly well—I remember seeing him on 24th April at the Virginia Planter, kept by Mr. Church—I went there within a minute of half past 2 o'clock, and I think I was there till 20 minutes or a quarter to 3 o'clock—I can swear to the day, for I have a paper in my pocket that will prove it (producing it); it is an inventory of the house where I went in possession, directly opposite the Virginia Planter—it was an execution from the County Court—it is dated 24th April—it was taken half an hour after I left the house—I did not hear of this matter until some days after Devo was apprehended—by looking at my warrant I am perfectly certain that that was the day and that was the time at which I saw him.

Cross-examined. Q. Is there the date of 24th April upon it? A. yes, that was written on that day—I should think Walthamstow is something like eight or nine miles from the Virginia Planter—it is certainly nearer that than four or five miles—I think it is quite nine miles—(The foreman of the Jury stated that it was five miles).

STEPHEN BRITTON . I am a horsehair manufacturer, living in Essex Place, Hackney Road. I know Devo. On Friday, 24th April, I met him close by the Virginia Planter, Mr. Church's; I think it was about 10 minutes or a quarter past 1 o'clock—I remained with him till about a quarter to 3 o'clock at Mr. Church's—I saw Mr. Magnus there; he said he had got something to do opposite, and said he was in a hurry, and he asked Devo how his wife was—I think it was a quarter to 3 o'clock when I left Devo—I left him at Mr. Church's door, and went home.

Cross-examined. Q. Did you go out together? A. We came out of the door together, and bade one another good bye—I did not notice the clock particularly, I judge about the time from the time I got home—I know Day; I have seen him and Devo together, talking.

The following witnesses were examined on behalf of Day.

ANN HUNT . I am the wife of George Hunt, No. 1, Cambridge Cottages, Ponder's End. I know Day—he lives at No. 6, Acton Street, Kingsland Road—I saw him on Friday, 24th April; I was at his house from 9 o'clock in the morning till about 12 or a quarter to 12 o'clock at noon—I then left in company with Day; we went towards Shoreditch to meet my husband; we met him there, and Day left us about a quarter or half past 12 o'clock—my husband and I returned to Day's house at half past 1 o'clock, to dine with him and his wife, which we did, and I never left him till 10 minutes to 5 o'clock in the evening—we dined with him at his own house, No. 6, Acton Street—I left the house about half past 4 o'clock—Day rode with me in an omnibus to Shoreditch station, and when we got there it wanted about 10 minute to 5 o'clock—from half past 1 till 10 minutes to 5 o'clock he was never out of my presence five minutes.

Cross-examined. Q. What is your husband? A. A clerk in Houghton and Bayliss's silk factory at Ponder's End—Day is a friend of mine—I

have never seen Day and Devo together—I am not in the habit of dining with Day—I have another reason for remembering that this was the 24th April besides that; my husband had been at home three weeks ill, and that day was his first day out; that makes me so positive as to the 24th April—my husband was ill, and away from his work three weeks—I am certain it was as long as that; he went to his work on Monday, the 27th, and he was very ill when he went, and this Friday was his first day out—he did not go to work that day; he began work on the following Monday—I did not hear a person named Bennett examined before the Magistrate—I was at Ilford; I was not examined anywhere else—it was about a quarter to 12 o'clock when I and Day left the house—we went very nearly to the corner of Old Street Road; that is nearly a mile—it was half past 12 o'clock when Day left me and my husband—he left us intending to go back to his own house—there was a clock in Day's house, but whether it was in movement or not I cannot say—my husband wears a watch; I did not look at it—I do not know whether Day is a leather seller; I never was so rude as to ask him what he did—we returned to his house about half past 1 o'clock, and I should think we dined from that to 2 o'clock—I never saw such a person as Bennett—he was not in the house, that I am aware of; he was not in the room with me—there were four of us at dinner, Mr. and Mrs. Day, and my husband and me—it was a round table that we sat at—I sat next to my husband—I do not know that Mr. and Mrs. Day sat close together; they sat as near as they could, I suppose, to make the table convenient—I cannot say whether my husband sat on my right or left hand—I believe I sat next to Mrs. Day; it was a goodish sized table—we had boiled salt beef and meat pudding for dinner, and potatoes; nothing else—we had some ale—I do not remember what conversation took place; I dare say we were talking about our own families.

MR. METCALFE. Q. My friend omitted to ask you, whether you had mustard with your beef? A. Oh, certainly.

COURT. Q. Were you intimate with Day at all? A. No; I do not know what he is—I know he is a man of property, but what he does for a living I never asked him.

GEORGE HUNT . I am the husband of the last witness, and live at Cambridge Cottages, Ponder's End. I know Day—I saw him on Friday, 24th April, from 10 minutes past 12 till half past 12 o'clock—I saw him against Shoreditch Church—he was by himself at that time; he took me to my wife, who he had left a short distance off, at a public house; I forget the sign of it, but I could go to it direct—I saw Day again after that, at half past 1 o'clock at his residence, No. 6, Acton Street—I went there with my wife—I remained there till about half past 4 o'clock; at which time he accompanied me and my wife to Shoreditch, and I left him about 7 or 8 minutes to 5 o'clock—from half past 1 until 8 minutes to 5 o'clock, he was not out of my sight more than four or five minutes—I was out in the back yard with the children for a few minutes—Day has three children, and I have one—I am quite sure this was on the 24th—I went before the Magistrate, and my wife also—my attention was called to this on the following morning, after the prisoner was taken; his wife came and informed us of it—that was, I think, either the Wednesday or Thursday following—that is one reason why I recollect it was on 24th April that I saw Day, but I have another reason, I had been ill for three weeks, and I went to my employment on Monday, 27th April, and I am certain that the day I dined with him was the Friday before—when I met him in Shoreditch, I had just arrived in

town—I left Ponder's End by the 20 minutes to 11 o'clock train, I think.

Cross-examined. Q. When you first saw Day, he was by himself, was he not? A. Yes; he had left my wife at a public house—when I left at half past 4 o'clock, my wife left with me; we all three left together—we went direct to Shoreditch—we rode in an omnibus—the children did not dine with us, they were in the back yard—I think one of them came in once; that child is six or seven years old, it is the eldest—I think it was a square table that we sat at, I would not be certain on that point—I sat facing the fireplace, next to my wife; Day next to me on the other side, and his wife next to him—we had beef steak pudding, boiled beef, carrots, and potatoes—I do not know Devo, I never saw him before—I did not see any other man on that occasion—I am certain that a man named Bennett did not dine with me—I was examined at Ilford last Saturday week, and last' Saturday—a man named Bennett was not examined at that time—I have never seen a person of that name—I know this was the 24th April, because I went to my employ on Monday, the 27th; and I am certain this was the Friday before that day—there was no clock in the room in motion, there was one on the mantelpiece—we passed Shoreditch on our way to Day's residence, and it was then a quarter past 1—I would not be sure that my wife did not look at my watch, I do not remember it—I looked at it myself once or twice in the afternoon, but I do not think I looked at it before dinner.

JURY. Q. How long have you been in Houghton and Bayliss's employee? A. Twelve or thirteen years; eight years at Ponder's End, and four at Norwich.

JAMES GRAHAM LEWIS . I am the prisoner's solicitor. I was not acting as such on the first examination, when a man named Bennett was produced—when I was instructed, I examined Bennett very carefully, and found he had mistaken the day, and therefore withdrew him—I was not present when he was examined—I did not attend till 2nd May—I understand he was a voluntary witness.

NOT GUILTY .

Reference Number: t18570511-632

632. JOHN ROE (20) , Stealing 6 lbs. weight of sugar, value 4s.; the goods of Richard Smith.

MR. BROWN. conducted the Prosecution.

CHARLES ARGENT . I am a porter, and am employed by Mr. Smith. On 18th April I had to go with his cart to deliver goods—while I was at Mr. Warner's I left the horse and cart inside, there was nobody in the cart—I received information, went out, and saw the prisoner run from the cart—he was then about fifty yards from it—I went after him and took him, having first pasted a brown paper parcel; but I did not see him throw it—I took him home to my master—the parcel had contained 6 lbs. of lump sugar, about 2 lbs. of which was left—it was my master's—I missed it from my cart when I went back.

Prisoner. You took me and let the other one go, Witness. After I Caught you somebody else joined you—I did not see him run.

JAMES REED . I am under gardener to Mr. Warner. Argent came there on 17th April, and I saw the prisoner get up into the cart and take a parcel out in blue paper—a shorter young man was with him—the prisoner got down, and they both ran off—I informed Argent, and he ran and caught the prisoner.

JOHN WHIMP . (Policeman.) I took the prisoner—he was charged with stealing 61bs. of loaf sugar—he said that he knew nothing about it.

GUILTY.*†— Confined Six Month.

Reference Number: t18570511-633

633. ROBERT SPARKS(18) , Stealing 1 kettle, value 5s.; the goods of William Henry Newton, his master.

MR. BROWN. conducted the Prosecution.

WILLIAM HENRY NEWTON . I am a builder and live at Stratford. The prisoner was in my employment, but he was discharged a fortnight before this—on Saturday afternoon, 4th April, I saw my kettle safe between 5 and 6 o'clock, in the kitchen, but it was put in an outhouse afterwards—this lid (produced) was on it—I missed it and other things on Sunday morning.

JOHN SMITH . I am a marine store dealer, of No. 12, Britford Place, West Ham. I know the prisoner—on 7th April, about 7 o'clock in the morning, he came and offered roe this copper lid of a tea kettle for sale—I said, "I do not like the look of this, I do not think it is right"—he said, "You may do as you like about buying it, I have just brought it from home"—it weighed three quarters of a pound, and I gave him five pence for it—the sergeant came in the afternoon, and I gave it to him.

EDWARD KING . (Police sergeant, K 40). I am stationed at Stratford On 7th April, between 2 and 3 o'clock in the afternoon, I went to Smith and asked him if be had bought any copper—he gave me this lid of a kettle, and in consequence of what passed, I went after the prisoner and took him on suspicion of stealing a copper tea kettle from Mr. Newton's; he said that he knew nothing about it—I asked him whether he had sold any copper, and he said that be had not sold any thing.

(The prisoner's statement before the Magistrate was here read as follows: "On Monday afternoon I went down Marsh Gate Lane to pick some green stuff for my rabbits, and as I was picking the green stuff I picked up this kettle; that is all I know about it; I took the lid to Mr. Smith on Tuesday morning and sold it")

GUILTY .— Confined Three Months.

Before Mr. Common Serjeant.

Reference Number: t18570511-634

634. THOMAS COOK (24) , Stealing 56 lbs. weight of lead, value 18s.; the goods of George Tarrant, and fixed to a building. (See also Vol. 45, page 809.)

MR. BROWN. conducted the Prosecution.

WILLIAM SOUTH . (Policeman, K 233). I am stationed at West Ham. On the night of 19th March, I was in High Street, Stratford—I know the portico of the prosecutor's house—it was covered with lead—I saw it safe at 10 o'clock that night, when I went on duty—at 2 o'clock the next morning I was still on duty, and saw the prisoner and another man, and a woman together near the prosecutor's house—when I came to them, the two men walked away and the woman stood still, apparently to watch me—I went on down the street and met the other constable—I then heard a whistle, which came in a direction from the prosecutor's house—I came back—there was a wagon coming along the street, and I and the other constable went behind it and walked up the street—when we got within a few yards of the prosecutor's house, the prisoner, another man, and the woman were coming in a direction from the prosecutor's house, and I saw the prisoner had something under his jacket—I took hold of him by the collar—the other man ran away—the other constable ran after him, leaving me, and the prisoner, and the lead, and the woman, all there together—I struggled with the prisoner, and the lead dropped from him—I still kept hold of his jacket—he struggled and got away—I tore this piece (produced) off his jacket—I took the lead to the station—the other man was there, but he was discharged—I went back and looked at the prosecutor's house, and

the lead was-gone from the portico—I took this piece of lead there in the daylight, and it fitted the portico exactly—it weighs about half a cwt.

Prisoner. Q. Can you swear I had that lead? A. Yes; I am sure you are the person.

JOSEPH RENTON . (Policeman, K 381). I was on duty at Stratford, and received information of this robbery on the morning of the 20th—I have been searching for the prisoner, but I could not find him till 4th May, when I found him in his own house at Stratford—I told him the charge—he said that he knew nothing about it—on conveying him to the station, he said that he wished he had stood his ground, for he did not suppose he should get more than twelve months of it—I said to him, "Tom, that is the coat you had on when you made your escape from the policeman, and you have got another piece put on it"—he said, "Yes."

GEORGE TARRANT . I am a coach builder, and live in High Street Stratford. I have a portico over my door, which was covered with lead—on the morning of 20th March, the policeman showed me this lead, and I found the lead was gone from my portico—I did not know it till the policeman told me—I saw this lead fitted—it is the lead from that portico—it belongs to my landlord, but I was living there.

GUILTY .*— Confined Twelve Months.

KENT. CASES.

Before Mr. Recorder.

Reference Number: t18570511-635

635. ROBERT BRAY (24) was indicted for breaking and entering the dwelling house of George Gregory, on 24th March, at Deptford, and stealing 1 toast rack, and other goods, his property: also, for a burglary in the dwelling house of Hope Smith, on 3rd April, at Deptford, and stealing 6lbs. weight of multas and 3lbs. weight of cheese, his goods: to both which he

PLEADED GUILTY .— confined Fifteen Months.

Reference Number: t18570511-636

636. DANIEL MURPHY (39) , Stealing a ham, value 10s.; the goods of Henry Thorogood: to which he

PLEADED GUILTY .— Four Years Penal Servitude.

Reference Number: t18570511-637

637. FRANCIS MITCHELL (40) , Stealing 16 metal fuses, value 8l.; the goods of our Lady the Queen, his mistress; to which he

PLEADED GUILTY . He received a good character.— Confined Eighteen Month.

Before Mr. Justice Cresewell.

Reference Number: t18570511-638

638. GEORGE BATE (25) was indicted for the wilful murder of Samuel Long: he was also charged on the Coroner's Inquisition with the like offence.

MESSRS. ATHERTON. and PETERBDORF. conducted the Prosecution.

JOHN NEWBERRY . I am a private in the Royal Marines, I am on the ship's books of the Slaney; that is a gun boat—in April I was victualled and doing duty on board the Hebe hulk, lying off Woolwich—I was victualled, and slept there—the prisoner was a seaman belonging to the Staney—in April last, he was also doing duty on board the Hebe hulk, the same as myself—I knew the late Samuel Long, be belonged to the Slaney too—he was a corporal in the Royal Marines, belonging to the Woolwich division—he was doing duty on board the Hebe in April—about 9 o'clock in the evening of 23rd April I was hanging up my hammock, on the port

side of the main deck, forwards—it was very near bed time—at the time I was doing it, I heard a sort of a scuffle, and a groan, and "Murder!" but it was both at an instant—I looked round, and saw Bave on the same side of the deck, close to the corporal, Long—the prisoner was about four yards from me when I noticed him—the corporal was stooping down; I saw Bave jump back from him; he held the bayonet up in his right hand, and said, "I am the man that has done it; my neck for it, if it is to-morrow morning, I shall die happy"—I ran forward to the fore part of the ship, and told my comrades that Bave had murdered some one; they got up from the mess, and saw Bave with the bayonet in his hand—afterwards I went aft, and saw the corporal, after I went and told my comrades; I saw Bave; he was standing close by the corporal, with the bayonet in his right hand: I said to him, "Bave, what have you done?"—he did not answer, and I said it to him again; he said, "I have had my wish, and I won't hurt no one else"—he rather moved, and I went away from him again to the fore part Of the ship—I afterwards went back, and saw Mr. Blofield, the boatswain of the Buffalo—I heard him ask the prisoner to give up the bayonet; he said, "I hope you have not any animosity against me;" he said, "No;" after several times asking, he gave the bayonet to him—I was ordered immediately to go and get my side arms on, to take charge of the prisoner till the guard came from the Fisgard—the guard from the Fisgard received him from us, and they went to the Fisgard—the corporal was removed to the infirmary at the Royal Marine barracks—I had seen Long about five minutes before I heard the cry of "Murder!" at the mess table.

Cross-examined by MR. SLRIGH. Q. At that time did you see anything of the prisoner? A. I had not seen the prisoner then for nearly ten minutes—he was not talking to Long then—I did not see either of them from the time that I saw Long at the mess table, till this event happened—this occurred between decks, on the main deck—I was on that same deck—when I first heard the scuffling I was at my hammock, I took two paces from my hammock, and looked round—I have only known the prisoner since I joined the ship, which was four weeks and three days—I have nothing at all to say against him, he was a very good messmate.

MR. ATHERTON. Q. Did you hear any words at all until you heard the cry, "I am murdered"? A. No.

COURT. Q. Do you know whose bayonet it was that he had got in his hand? A. Not at the time, until I saw the number of the bayonet; it belonged to Long—he had not been wearing it that evening, it would be hanging up in the fore part of the ship.

CHARLES BLOFIELD . I am supernumerary boatswain on board the Fisgard guard ship, lying off Woolwich—on Thursday evening, 23rd Feb., I was on board the Hebe hulk, about 9 o'clock, or a little after—I was in the galley on the main deck, and heard cries of "Murder! I am stabbed"—it was dark on deck; I ran out with a candle in my hand, and saw Long staggering aft; he fell down—I had known him about five or six days—he was not wearing his side arms at this time—I went out of the galley, and went across the main hatchway to Long; he had his hands up to his belly—two or three men came out, and we were unbuttoning his trowsers to see where the wound was; there were too many of us, and I knocked off—I sung out, "What man has done this?"—Bave said, "I have, I did; and one or two more will share the same fate"—somebody sung out, "He has got a bayonet in his hand"—he was coming aft, and everybody ran away—when he came at far as the corporal, he stopped close alongside of him—I went

the other side of the after hatchway, and said, "Bave, you have done a nice thing"—he said, "I have had my revenge, and I shall die happy if they scragg me to-morrow"—I saw that he had a bayonet in his hand—I asked him if he had any animosity against me—he said, "No"—I then asked him to give me the bayonet—I asked him for it several times, and at last I asked him to shake hands with me—he put the bayonet in his left hand, and held out the right—I went over to him, and shook hands with him, and he gave me the bayonet—I then collared him, and told him that he must consider himself my prisoner—he said I had no occasion to collar him, for he was not going to run away; he knew what he had done—I told him I should send him on board the Fisgard—I hailed the Fisgard, and they sent a guard, and took him on board—I looked at the bayonet by the candle as soon as the prisoner gave it me, and there was blood on the point of it—I gave it to Mr. Mugford, the officer in command of the Fisgard.

JOHN HOOKEY . I am a gunner belonging to the Slaney. I was doing duty on board the hulk Hebe in April—on the evening of 23rd, about 9 o'clock, I was sitting in my cabin, that is just about where the deed was committed—I heard the cry of "Murder, I am stabbed!" that was the first thing I heard—I ran out of my cabin and saw the corporal Long stag-gering aft, and he fell just by my cabin door—he bad his hands up in this manner as I came out—I saw him stagger and fall—I then proceeded to unbutton his trowsers and saw the wound—I afterwards saw Bave coming aft with the bayonet in his hand—Mr. Blofield said, "Mr. Hookey, go into your cabin"—I was forced in, and the door dosed upon me—the next I heard was, Mr. Blofield came to my cabin door and said he had the bayonet—I told Bave that he would have to go to the Fisgard—he said no, he would not go to the Fisgard—I told him he must go in irons; he said no, he would not go in irons; he said be would go to a Magistrate on shore—he was sent to the Fisgard—I had seen Long about ten minutes or a quarter of an hour before this occurred; he was then apparently looking for his hammock, he had been on shore, and he had only come on board about a quarter of an hour previous to this—he went ashore with the liberty men about half past 6 o'clock, and he came again about half past 8, or between that and 9 o'clock—the liberty men's hammocks were all stowed together abaft, and he was looking for his own among them—I noticed at that time that he had not his side arms—the arms that are not worn are in charge of the marines, hanging up forward, I believe, by the marine's mess; that is the usual place; the marines keep them—the day Wore this, the prisoner had been ordered to be put in irons, and the time for which he was in irons expired at noon the same day the murder was committed—Long had made a complaint against him—Bave was not present when Long made the complaint to me, but he was present when the complaint was forwarded to the captain—I was present when it was made to the captain—it was Long's duty to make any report to me.

COURT. Q. Did you make any complaint to the captain? A. I did not, I made it to the master, the next superior officer above me—I did not hear the master communicate it to the captain at that time—I was present once when the thing was mentioned in Bave's presence—that was the day after Good Friday—some time before, he was reported by myself, for taking a boat away from the ship; and the captain Raid that he should not give him the rating which he had formerly promised him—Long had nothing to do with that—I was never present when anything was said in Bave's presence about

Long complaining of him; Long reported it to me, and I reported it to my superior officer—I cannot say how Bave knew that Long reported to me.

JOHN THOMAS CARSTAIRS . I am boatswain's mate, doing duty on board the hulk Hebe—on the evening of 23rd April, a little after 9 o'clock, I was in one of the cabins on the afterpart of the main deck—I heard the cry of "Murder!"—I directly ran out of the cabin—there was a light there—I saw Mr. Blofield, the boatswain, and he ordered me to stand back, for it was Bave's intention to do for me as well as the others—I saw Bave standing close to the corporal, and saw him deliver the bayonet up to Mr. Blofield—I saw Long lying on the main deck—I asked Bave to go on board the Fisgard with me—he said, "No"—I saw him taken charge of.

JOHN GEORGE MUGFORD . I am master commanding officer of the Fisgard, the commodore's ship at Woolwioh. On the night of 23rd April, after 9 o'clock, I heard the Fisgard hailed, and "Murder! murder!" called—I immediately proceeded on deck, ordered the quarter master to take the boat, took the two sentries off, and proceeded to the Hebe, directing the officer in charge of the watch to follow me in a larger boat with a sergeant of marines—on my going up the gangway of the Hebe, I met Mr. Blofield, the boatswain, who handed me a bayonet, and said that there had been a murder committed, and that had done the deed—I went on board and saw the prisoner in charge of a marine on deck—I ordered the marines that I had brought with me from the Fisgard to take charge of him and convey him on board the Fisgard—I went on the main deck and saw the corporal lying there.

Cross-examined. Q. Was the prisoner under your command? A. He was with me since last May—he left on 21st March, to join the Slaney, with a view of being promoted to a quarter master.

Q. During the time he was under your command and observation, was he a kind, humane man? A. That is a point I cannot exactly answer, for we have so many men, it is impossible to single out one—his conduct was generally good—the only complaint I ever had against him was for over staying his leave—he has only been two years and five months in the navy.

WILLIAM JAMES BUDD . I am a police inspector at Woolwich Dock Yard. On the night of 23rd April, I received this bayonet (produced) from Mr. Mugford—I examined the point of it, there was blood on it, it is still visible.

GEORGE PARDOE COOK . I am assistant surgeon on board the Dee. On the evening of 23rd April, about a quarter or half past 9 o'clock, I received directions from Mr. Mugford to go on board the Hebe—I saw the corporal Long lying on the main deck, I examined him and found a wound in the abdomen—it was a punctured wound, such as might have been inflicted by a bayonet—from the state the man was in, I saw that the case was attended with considerable danger, and at once advised his removal to the Royal Marine Infirmary, and accompanied him there myself—the wound was examined there in my presence, and I also examined it myself—Mr. Patterson took charge of the case from me.

JAMES PATTERSON . I am an assistant surgeon in the Navy. In April last, I was doing duty at the Royal Marine Infirmary at Woolwich—Long was brought there on the evening of 23rd April, accompanied by Mr. Cook—I examined the deceased with Mr. Cook, and found such a wound as he has described—he remained in the hospital until he died, at 9 o'clock next evening, the 24th—on the 25th I assisted at a post mortem examination—there was nothing unusual about the surface of the body, except the wound in the abdomen, and the escape of froth from the mouth and nostrils—on

opening the body, we found a wound communicating with the cavity, which proved to be a continuation of the wound seen on the surface of the body—we traced its course through two portions of the alimentary canal, the duodenum and the pancreas, and then into the inferior vena cava, and observed an impression on the spinal column, as if caused by the point of some instrument—there was twelve pounds of blood contained in the abdominal cavity—loss of blood was the cause of death—that loss of blood was caused by the wound.

COURT. Q. Must the blow with a bayonet, to penetrate so deep, have been given with much force? A. It must.

ALFRED WRIGHT . (Policeman, R 301). I was on duty in the Dock Yard on 24th April, and received the prisoner in charge—I told him I had come to take him into custody on a charge of stabbing, with intent to wilfully murder, corporal Long—I then cautioned him as to what he said, as all he said to the would come out in evidence against him at a future time—he said, he had nothing to say—I afterwards brought him up from Maidstone gaol—as soon as we got outside the gaol door, he said to me, "How is he?"—I looked at him and asked him whether he had had no intelligence relative to the case—he said, "No, I have not"—I said, "Are you prepared to meet an answer to the question you have just put to me?"—he said, "Yes, let it be what it will"—I said, "I am sorry to say then, corporal Long is dead, and is to be buried to-day"—he made no answer.

GUILTY .— DEATH .

Reference Number: t18570511-639

639. MR. JOHN WALSH (23), and CATHERINE COULSON (34) , Feloniously killing and slaying James Lawler.

MR. TINDAL ATKINSON. and MR. ORRIDGE. conducted the Prosecution.

MARGARET MURPHY . I am a single woman, and live at No. 5, Hog Lane, Woolwich. Coulson is the landlady of that house—on 24th March last, between 12 and 1 o'clock in the morning, I was in the kitchen—the two prisoners were there, an artilleryman and Margaret M'Donald—the artilleryman said he had known Walsh for some time, and he called him Jack—Mrs. Coulson said he was as far out as he was in, for that was not his name—and she said, "Who fetched you in here?"—there was a quarrel between them, and she struck him—he was going out the back way, and Walsh said that was not the way to get out—I opened the front door, and he went out—he was out about a quarter of an hour—the prisoners then opened the door and went out—I went out, too, and saw the artilleryman standing outside the door with his hands against the wall of the house—Walsh said, "Here you are, yet, you b—, are you?"—the artilleryman said, "John, John, don't strike me no more"—he was drunk—with that, he ran down to the waterside, and Walsh followed him and Mrs. Coulson after him, she had a piece of the tongs in her hand—Walsh ran over to the waterside, where the artilleryman was standing, and made a blow at him—there are some steps leading down to the river—I cannot say how many—the artilleryman was close to the steps at the time—Walsh did not hit his head, but knocked his cap off, and the artilleryman fell into the water; I did not notice whether he made a step back, or not, I only saw him fall into the water—Coulson gave Walsh the piece of tongs to try to save him—she said, "Save him"—Walsh said he would not jump in he could not swim, and he was afraid he should be drowned—Mrs. Coulson gave him the piece of tongs—he threw it into the water and said, "Drown, you b—"—Mrs. Coulson and I gave an alarm.

Cross-examined by MR. SLEIGH. Q. I believe the moment the man fell

back, Mrs. Coulson cried out, "Save him, save him!" and gave an alarm?A. Yes—boats go across from the steps, there are generally some boats lying there—it is a good distance from Mrs. Coulson's house to the water.

MR. TINDAL ATKINSON. Q. In what state was Walsh? A. I did not see any liquor in him; the boats are not left near the stairs at night.

COURT. Q. Is the street open to the steps, or is there a rail across? A. The iron rail goes nearly across, it is about a yard from the top step—the deceased had got past that rail when he fell—Walsh was inside the rail—there is one rail that goes across, and one by the river—Walsh stood inside the rail and Mrs. Coulson stood outside.

MARGARET MCDONALD . I live at No. 5, Hog Lane, Woolwich. Mrs. Coulson keeps the house—Walsh was stopping there on 24th March—I do not think he has any place of residence—I was there when the quarrel took place—the artilleryman was sent out and the door bolted—Walsh said, "He is the fellow that put me in the guardroom when I was a bombardier"—in about ten minutes, Walsh went and opened the door, he had nothing in his hand—I followed him to the door—Walsh said nothing to the artilleryman, but Coulson said, "Come here, young man, I want to speak to you"—Walsh then called out, "There you are, you b—"—the artilleryman ran to the opposite side of the street—Walsh followed him and Coulson after him, with a piece of the tongs in her hand—he ran to the railing by the side of the river; there is a double railing, with a division to let you go down the steps—Walsh made a blow at him there, the blow reached his cap and it fell off, and the artilleryman then ran down three steps and jumped off the second landing—Mrs. Coulson asked Walsh to take off his coat and jump. in—he said he would not, he would see him d—first—she then handed Walsh the piece of the tongs, and told him to hand one end of it to the artilleryman and pull him out—he said he could not, he would see him d—first, and he threw the tongs into the water.

Cross-examined by MR. PAYNE. Q. Did he not say that he could not swim? A. Yes—I live in Mrs. Coulson's house, with other girls—after the man had jumped into the water, Walsh went with me to give an alarm and to look for a policeman, and to the station, too—he was at first examined as a witness before the Coroner.

THOMAS TESDON . I am a labourer, lodging in Meeting House Lane, Woolwich. On Tuesday night, 24th March, I was coming along Hog Lane and saw an artilleryman there—Walsh came out of the door and Coulson followed him, and the two girls also—I saw Mrs. Coulson with the tongs in her hand, hit the soldier over the head; I then heard her say, that would do—the soldier ran to the waterside, Walsh followed him, Coulson after him, and the two girls after her, and I heard Mrs. Coulson at the waterside say, "Drown, and be b—"—I am sure she said that—I did not see anything else happen, I was about twenty yards off; I saw no blow struck, nor anybody go into the water.

Cross-examined by MR. METCALFE. Q. How far were you from Mrs. Coulson's door? A. I cannot say, it might be thirty or forty yards—I will swear it was Mrs. Coulson that I heard say, "Drown, and be b—"—I know the difference between a man's voice and a woman's—I had never seen her before, or heard her voice before, or Walsh either—I did not go to the waterside, I went home.

JOSEPH GREEN . I live at Woolwich. On the night of 24th March, as I was going out, I saw an artilleryman come waddling out of a house as if he was in drink; Walsh followed close behind him; he ran towards the

waterside, Walsh followed him, and then Coulson—I heard her halloo out quite loud, "Give it him, Jack; give it him, Jack," and Walsh struck him with part of a pair of tongs, on the right side of his head—the woman had something in her hand, a piece of iron or a poker—I did not see the artilleryman on the steps, I did not go down any further.

Cross-examined by MR. METCALFE. Q. How far were you off when the woman said, "Give it him, Jack?" A. About twenty or thirty yards.

GEORGE MARTIN. I am a waterman at Woolwich. On Wednesday morning, 25th March, about half past 1 o'clock, I found the body of an artilleryman in the river, close to Hog Lane Steps; I gave it in charge to the police.

COURT. Q. Do you know these steps? A. Yes; I do not know how many there are, there are two flights, and a landing is the middle; the tide comes up within a step of the top at times—there are then seven or eight feet of water there.

ALEXANDER ROSS . On 25th March, I went to the steps in Hog Lane, and saw the body of an artilleryman, which had just been taken out of the water; it was taken to the dead house of the artillery barrackas—I saw sergeant Lee there.

JAMES LEE . I am a sergeant in the artillery. I saw the dead body of the deceased at the barracks—his name was James Lawler; he was a gunner and driver in our company.

JAMES SOMERVILLE LITLE . I am surgeon to the Royal Artillery, at Woolwich. On 28th March, I examined the body of Lawler—there were slight abrasions on the outside of the scalp, and marks of bruises in the substance of the scalp, on both sides, near the temples; there was no fracture of the skull, or injury to the membranes of the brain—the brain was loaded with blood; there were the usual symptoms of death by drowning—the bruises might have been produced by blows from some hard substance during life.

Cross-examined by MR. PAYNE. Q. Were not the symptoms reconcilable with any other hypothesis except the man's being drowned? A. Hardly so—there was no appearance of apoplexy; the vessels were loaded, but there—there was no clot, or any appearance of apoplexy.

JOHN NEWELL (Policeman, R 69). From information I received, I went to Coulson's house on 28th March. I told her I must take her into custody for assaulting an artilleryman of the name of James Lawler, on the night of 24th, or the morning of 25th; and also driving him into the water—she said, "Very well, I will go; I will tell the Magistrate all about it when I get up there."

Cross-examined by MR. METCALFE. Q. Coulson keeps a registered lodging house, does she not? A. Yes.

JAMES WESTBBOOK . (Policeman). On 26th I went to Hog Lane to make inquiries; I saw Mrs. Coulson and M'Donald together—I said I had come to make inquiries about the man who was drowned—M'Donald made some statement to me, and Coulson said, "If artillerymen come into my house, and like to go out, and jump into the river, that has nothing to do with me"—I asked about the piece of tongs and the poker that they had—M'Donald went and got them, and said, "This is all we have in the house"—on 3rd April, I apprehended Walsh—I told him it was on suspicion of causing the death of the man Lawler; the Jury were then sitting—he asked me to let him go inside again, into the Jury room—I said I could not—he then said, "These girls would swear a fellow's life away."

Cross-examined by MR. PAYNE. Q. Had he been in the Jury room before? A. Yes, he had been used as a witness—he went before the Magistrate as a witness.

WALSH— GUILTY .— Confined Two Months.

COULSON— GUILTY .— Confined One Month.

Before Mr. Common Serjeant.

Reference Number: t18570511-640

640. ELIZABETH BURNS (19) , Stealing 1 watch, value 2l. 10s.; the goods of Charles George Laing, from his person.

CHARLES GEORGE LAING . I am a parcels deliverer to the General Steam Navigation Company. On Friday, 17th April, about 6 o'clock, I was in Woolwich, in a public house, the Star I think—I was with Ager, a friend whom I had been to see at the barracks, and we had some half and half—the prisoner was there drinking with another female; they asked Ager to drink, and he did so, and I think I did—they finished what they had, and went out, leaving us there; we went out about five minutes afterwards towards the Arsenal, and met them, and all went to the Mortar Tavern, and waited till 9 o'clock, when it was time for my friend to go into the barracks—he wished us good night, and I went with the two females to a public house about half a mile away, and from there to their home—I was in their room for an hour; I was with the prisoner, and a young man, who was a stranger to me, was with the other—we then all four proceeded to another public house, we went to a room at the back of the bar and sat down, and while there I fell asleep; when I awoke I found my waistcoat undone, and missed my watch and guard, and about 10s.—the girls were then gone, and this young man, whom the prisoner had represented to be her cousin from Dartford, said that they had only just gone out, and would be back directly—I first saw him at the Mortar Tavern; he came in, and the prisoner got up and had a slight conversation, and he sat down, and remained in our company till I fell asleep—he said, "I will go and see if I can find them, and you come with me"—he took me about the town, and when we were by the side of Woolwich theatre, where there is a little turning, he said, "Stay here, I shall not be a minute;" I thought he was a long while gone, and looked down the court, and found that he had gone—I found my way back to the greengrocer's shop, where the prisoner and the other woman lived, and a lady put her head out at the window, and said that they had gone—I left my name and address there, and they said that they had no doubt she would be there again, and they would give her in charge—I have seen my watch and guard since—I was perfectly sober; I had had no spirits, only half and half, and I did not take enough to make me in the least intoxicated.

Prisoner. We had some gin and cloves in the public house, and you paid for it. Witness. I did not, it was half and half—you never asked me for any money for going home with you.

Prisoner. He was going to stay the night with me, and the landlord would not allow it, because he would not let us sleep all in one room, and he had not another bed, and we were in bed; at least I was not in bed, but I was undressing, and the landlord said it was time for the company to go; I took your watch from the mantelpiece, and put it round my neck, because yon told me to do so; you said that you had stolen it, and two sovereigns besides.

COURT. Q. Did she have it in her hand? A. No, it was in my waistcoat pocket, on a chair—the prisoner was in bed with me, and so were the other two, we were all four in the same bed—I did not say that I had stolen the watch.

Prisoner. The landlord of the public house will prove that I did not steal it, I found it in the bar.

EDMUND ELLIS DEEMER . I am a greengrocer and fruiterer, and am the landlord of this house. The prisoner lived there two nights—on the first night, the 15th, she took a single bed for herself and her companion, and next morning she took a furnished room, and told us that she was an artificial flower maker, and that the other was a dressmaker—they came in on the evening of the 17th with Laing, at a little after 9 o'clock, but I did not see him till they came down—perceiving that things were not right, my wife went up and knocked at the door, and told her it was time for the company to withdraw, for I did not like their proceedings, and the prisoner came down to know if I would allow the young men to sleep there in their bed—I said, "No"—she said, "Will you allow them to sleep in the bed we slept in the first nigh?"—I said, "No"—she said, "If you will not allow the young men to sleep, we will not stop"—I said, "You can do as you please," and they went out, but without their things—I and my family went to bed, and just before 12 o'clock the prisoner came knocking at the door in great haste—I said, "You. might have told us you were coming in, and I should have sat up"—she said, "My brother has come down from London, and has brought me a watch, my aunt sent it to me by my brother"—I said, "Go along up stairs to your room, I do not want to know anything about your watch"—she said, "I am not going to stop," and packed up her clothes, and was off in five minutes—I saw a watch at the police court, it was the same that the prisoner showed me.

Prisoner. It is false about saying that my brother gave me the watch.

Witness. You said that your brother brought it from your aunt.

ALLEN BUZZARD . I am a pawnbroker, of No. 168, High Street, Borough. On Saturday, 18th April, the prisoner and another young woman came and pledged this watch and chain (produced) in the name of Ann Cook, Dover Road, which is not correct.

CHARLES GEORGE LAING . re-examined. This is my watch.

Prisoner's Defence. The young man gave me the watch, and I pledged it, as he did not give me any money.

GUILTY .

(The prisoner was farther charged with having been twice before convicted.)

JAMES NEWELL . (Policeman, R 59). I produce two certificates—(Read: "Central Criminal Court, Elizabeth Cogger Convicted, Jan., 1854, on her own confession, of stealing a purse and 22s. from the person of Elizabeth Lockhart: Confined three months"—"Greenwich Police Court; Elizabeth Cogger, Convicted, on her own confession, of stealing 1 purse and 12s. from the person: Confined six months")—I was present on both occasions; the prisoner is the person—she has had three months since that for picking pockets at the Exhibition.

GUILTY.— Four Years Penal Servitude.

Reference Number: t18570511-641

641. GEORGE SCANDLING (18) , Stealing, at Deptford, 1 chair, value 6s.; the goods of Edward Allwright; to which he

PLEADED GUILTY .— Confined One Month.

Reference Number: t18570511-642

642. HENRY EASTON (31) and HENRY FINCH (26) , Unlawfully uttering counterfeit coin.

MR. POLAND. conducted the Prosecution.

SARAH PLACET . My husband keeps a chandler's shop at Greenwich. On Friday afternoon, 3rd April, I was in the shop, and the prisoner Finch came about 5 o'clock—I served him with 3d., worth of cheese—lie gave me

1s.—I gave him 9d. change, and put the shilling in my purse with five or six others—he left, and on the same day I saw him in custody—I asked what le was in custody for, and was told it was for having bad money—I looked in my purse, and found one bad shilling—I gave it to the officer.

Finch. I know I gave her a good shilling for the cheese.

THOMAS SMITH . I am waiter at the Iron Founders' Arms, at Greenwick. On Friday, 3rd April, the prisoners came there together, between 4 and 5 o'clock; they went into the tap room—I served them with two or three pots of beer, half a pint of gin, and 6d. worth of gin—they drank the beer—Finch gave me a shilling to pay for the beer—I brought him 8d. out, and he said, "Fetch 6d. worth of gin"—I brought it in, and then Easton said, "Bring in half a pint of gin"—when I brought Finch the 8d., change, he put the 2d. in his pocket and gave me the 6d. to take back for the gin—I gave the shilling to Miss Wheatley, the landlady's daughter—when I fetched the half pint of gin, Easton gave me a shilling—I took that to Miss Wheatley, and she bit it into two halves—I took the pieces, and went back to Easton—I said, "Look heft, young man, you gave me a bad shilling"—I showed him the two halves, and pat them in his hand—Finch said to me, "Young man, who gave you that?"—I said, "Your friend here," meaning Easton—Finch said to Easton, "Go to the bar, and tell the landlady you got it at Blackheath, and you will call and pay for the half pint of gin to-morrow"—I said, "No, that won't do here"—Mr. Wheatley then came in, and brought a bad shilling and a bad sixpence, and told me to go for a constable.

Easton I was not aware the shilling I gave was bad; I went to the bar with him.

GEORGIANA WHEATLEY . My father keeps the Iron Founders' Arms. On 3rd April I was in the bar—Smith brought me a shilling, in payment for some gin—I examined it, and found it was bad—I bit it in two pieces, and gave them back to Smith—I do not remember whether Smith had given roe any money before that—I went to the till, and found a bad shilling and a bad sixpence mixed with other money—I had shortly before that given change for a sovereign, and there was a bad shilling amongst that change—I gave the shilling and sixpence that I took out of the till to my father.

RICHARD WHEATLEY . I am landlord of the Iron Founders' Arms. On Friday evening, 3rd April, I saw the two prisoners in the tap room together—my daughter gave me a bad shilling and a bad sixpence—I took them into the tap room with me, and I said to the prisoners, "This is a pretty game you are carrying on, passing bad money; I shall send for an officer"—Easton said, "What I passed here was good"—I said, "Look here, here is a bad shilling and a bad sixpence"—I sent for an officer—I gave the bad shilling and bad sixpence to the officer, and the two pieces also.

CHARLES HAMPTON . (Policeman, R 140). On 3rd April, I was on duty at Greenwich—I was sent for to the Iron Founders' Arms, and found the prisoner Easton was at the bar; he was given into my custody for passing a counterfeit shilling, the pieces of which I produce—he said that he knew nothing about it, his friend in the tap room gave it him—Chapman, who was with me, said to Easton, "Come in the top room, and show me your friend that gave it you"—we all went in the tap room, and he pointed out Finch; and Chapman took him and said to him, "I shall search you"—Finch said, "You shan't search me here, go to the station"—he became

very violent, but we got him against the table and searched him—I found on Easton four papers containing tobacco—he was quite quiet, and said that he knew nothing of it; what had been done had been done by his friend, meaning Finch—he was the worse for liquor—I only found on him 4d. (produced).

GEORGE CHAPMAN . (Policeman, R 208). I took Finch, and searched him in the tap room—he was very violent indeed—I found six counterfeit shillings and seven counterfeit sixpences, in his waistcoat pocket, and three good sixpences and a fourpenny piece; and in his coat pocket 5s. 2d. in copper, and part of five screws of tobacco—I examined his coat at the station, and inside the lining of it I found another shilling and sixpence, both counterfeit—I also produce a shilling which I got at Mrs. Plaget's shop.

Finch. When you came in you wanted to search me, and I said, This is not a proper place to search me; the station is the place;" and you knocked me down; I was the worse for liquor, and this money was put in my coat pocket; I was not aware of it; you found all the money you state in my coat pocket; I had nothing in my waistcoat pocket Witness, I found six shillings and seven sixpences in your waistcoat pocket.

CHARLES HAMPTON . re-examined. I produce the shilling I got from Mrs. Plaget, and two shillings and a sixpence which I got from Mr. Wheatley.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint These two shillings that were uttered are both bad, and from one mould—the broken one and the one produced from Mrs. Plaget's are bad, and from the same mould—this other money is all bad—six of the shillings are from one mould, of the date 1817; and one is from the same mould as the other two—the sixpences are all bad.

Easton's Defence. He gave me the shilling; I was not aware it was bad.

Finch. I got in this public house, and was drinking; there was a row, and these must have been put into my pocket; I was the worse for liquor; the officer knocked me about, and I tried to resist him as well as I could; I know nothing about the money.

(Easton's mother gave him a good character.)

EASTON— NOT GUILTY .

FINCH— GUILTY .— Confined Twelve months.

(There was another indictment against the prisoners, an which no evidence was offered.)

Reference Number: t18570511-643

643. JOHN WILLIAMS (24) was indicted for a like offence.

MR. POLAND. conducted the Prosecution.

HONORA GALLTVAN . My father keeps a general shop in High Street, Woolwich. On 30th March the prisoner came for half an ounce of tobacco—I weighed it and held it in my hand—I saw him lay down a half crown on the counter—I took it up, and told him it was a bad one—he said that it was not—I told him it was, and I would not return it to him—he used very bad language, and said that if I did not return it he would stab me—a person went for a constable, but before be came the prisoner went away—I marked the half crown, and gave it to the inspector at the station in the constable's presence—this was about 8 o'clock in the evening—I had seen the prisoner before.

JAMES TOWNSEND . (Policeman, R 349). On 30th March I took the prisoner into custody in High Street, Woolwich, a few yards from the shop of the last witness—when he saw I was coming, I saw him drop another half crown from his hand—I picked it up and showed it to him—I told him he was charged with passing a bad half crown—he did not say anything—I

found on him a 1d. piece and a tobacco box—this is the half crown T picked up, and this is the one from the last witness.

WILLIAM WEBSTER . These are both bad, and from one mould.

GUILTY .— Confined Nine Months.

Reference Number: t18570511-644

644. MARTIN TWAY (29) and JAMES KELLY (40) were indicted for feloniously uttering counterfeit coin.

MR. POLAND. conducted the Prosecution.

JAMES BAILEY . (Police sergeant, P 48). I produce a certificate of the conviction of the prisoner Tway. (Read: "Reigate Quarter Sessions; Martin Tway, Convicted of uttering counterfeit coin, May, 1855; Confined six months")—I was present—Tway is the person.

WILLIAM SORROW . (Policeman, K 410). I produce a certificate—(Read: "Central Criminal Court; James Kelly, Convicted, July, 1854, of uttering counterfeit coin; Confined nine months")—Kelly is the person—I was present.

ANN HOLMES . My husband keeps the Rose and Crown at Woolwich. On 7th April Tway came between 7 and 8 o'clock in the evening—I served him with a glass of ale—he gave me in payment a bad half crown—I told him it was bad, and laid it down underneath the counter—he paid me with a good 2s. piece, and asked me to return the half crown, as he took it in change of a half sovereign—I told him I would not return it till I had destroyed it—I broke it and returned it to him—I am positive he is the man—I did not see Kelly till the next day at the police court.

WALTER GARNER . I am barman at the King's Arms, Woolwich. On the evening of 7th April the prisoner Tway came there a few minutes before 8 o'clock—our house is about three minutes' walk from Mrs. Holmes—I served Tway with a glass of ale—he gave me in payment a bad shilling—I took it up and examined it—I noticed some marks across the head of it, like an old worn shilling—I put it in the till, where there were shillings and other silver—I gave him change—just after he was gone my mistress spoke to me, and I went to the till and took out a bad shilling—I am able to say it was the same shilling that Tway gave me—I noticed the marks on it—the constable Newell came in and I gave him the shilling.

Tway. I deny ever having been in his house. Witness, I am sure he is the same man.

ELIZABETH BEAVER . My husband keeps the Queen's Arms at Woolwich. Our house is about three minutes' walk from the King's Arms—on 7th April, about 8 o'clock, I served Tway with a glass of ale—he gave me a bad shilling—I told him it was bad—he took it up and put it in his pocket, and gave me a good sixpence—at that time Newell came in, took hold of Tway's hand, took some money from it, and took him into custody.

Tway. I was not aware the shilling was bad; I gave her the sixpence for the glass of ale.

JOHN NEWELL . (Police sergeant, R 59). On the 7th April I was on duty at Woolwich—I saw the prisoners together in High Street about a quarter past 7 o'clock in the evening—I followed them, and they both stopped opposite the Rose and Crown—I passed on, and then turned round, and saw Tway coming out of the Rose and Crown, and Kelly standing opposite—Tway crossed over the road to Kelly, and they both went towards the King's Arms—I saw Tway go into the public house, leaving Kelly outside opposite—I went in at the side door, and made a statement to Mrs. Bliss, the landlady—I saw Garner take a shilling out of the till—he gave it me—I

came out, and saw the prisoners walking along Artillery Place towards the Queen's Arms—I saw Tway go in, leaving Kelly put side, about twenty yards off—when Tway had been in about a minute, I went in and asked the landlady what he had tendered—she said a bad shilling—I caught hold of his left hand, and took out of it a half crown and two shillings in good money—I said to him, "Where is the bad shilling?"—he put his hand into his pocket and dropped the shilling into my hand, and said, "Here it is"—this is it (produced)—was in plain clothes—I left Tway in custody and took Kelly (he gave the name of Kirk)—he was about twenty yards from the house, standing by the side of a wall—I told him I was an officer, and should take him for being with a man in a flannel jacket passing bad money—he said that he had been with no other man, and had passed no bad money—I caught hold of his hands, and found they were both shut—we had a slight struggle, and he wrenched his left band out of mine, and I saw something white go over the wall, and I heard it jink on the stones on the other side; I said to him, "You have thrown something over, I shall come back and find it after I have been to the station"—I took him to the station, and I asked him where he lived—he said, "You want to know too much now"—I found on him some good silver and 9d. in copper—he was locked up, and I returned to the place where I saw him throw the paper over the wall—it was in a piece of waste ground, where sheds are built to put forage for the horses—I pointed out the place to the sapper, and saw him pick up something.

FREDERICK DUKES . (Police sergeant, R 37). Tway was given into my custody at the Queen's Arms—I took him to the station, and found on him 4 1/2 d. in coppers that he had received from the landlady in change for the glass of ale, and some nails for his boots—I asked him where he lived; he said at Kensington—I went to the address he gave, and found he had been lodging there some months—I went to the piece of ground and saw A sapper pick up this piece of paper with three counterfeit shillings in it.

Kelly. Q. Were they together or separate? A. They were folded up together in this bit of a newspaper.

JOHN CUMMINGS . I am a private in the Royal Sappers and Miners—I went with the officers to the piece of waste ground—the wall round it is about eight feet high—I found a piece of paper containing three counterfeit shillings which I gave to the last witness—that piece of waste ground was kept locked up, and was under my charge.

WILLIAM WEBSTER . This shilling with the scratches on it is bad—this other shilling is bad, and the three found together are bad—one of them is from the same mould as the one with the scratches on it.

Tway's Defence. I never was in any public house but one; I got a half sovereign from my wife; I went out and said that I would not return till Saturday night if I could get work; I had been out of work three weeks; it is impossible that the man could pick a bad shilling out of a lot more that were in the till.

Kelly's Defence. It is impossible that I could have thrown the shillings over the wall; I did not do so.

TWAY— GUILTY .— Four Years Penal Servitude.

KELLY— GUILTY .††— Six Years Penal Servitude.

Reference Number: t18570511-645

645. WILLIAM JANES (20) and CHARLES FRENCH (22) , Stealing 1 coat, value 15s.; the goods of Robert Saxby.

MR. LILLEY. conducted the Prosecution.

JEMIMA EKE . I am servant to Lieutenant Robert Saxby, of No. 6, Queen Elizabeth Row, Greenwich. He is attended by a medical gentleman—I saw him this morning, he is too ill to attend this Court—on Friday, 24th April, I saw the prisoners; they first came to my master's house about 7 o'clock in the morning—I saw them both, the prisoners are the men—Janes spoke to me and said, "Shall I take the dust away?"—I said that my master did not like it taken away before he was about—he said there were two of them, and they would not be long taking it; French was then standing just by the gate—there was a cart and horse there—I had an opportunity of seeing French at that time—I refused to let them have it, and they came again a little before 10 o'clock—my master was up at that time, and I then gave them permission to remove the dust—there is a short garden from the front of the house to the road—the dust bin is in the back yard—the prisoners had to pass through the passage from the front door to the back door to get to the dust bin—there were several coats hanging in the passage—Janes came in with the basket to remove the dust—French stood by the cart, he did not do anything—they were engaged about half an hour in removing the dust—while they were removing it, my mistress called me—I came up to the passage, and found a coat lying in the passage—I picked it up, and hung it on the pegs again—it was my master's, and the other coats that were there were my master's—when I came up into the passage, being called by my mistress, I saw Trench standing by the cart—I returned to the kitchen again, which is underground, and while there heard persons walking along the passage—my master was in the back garden—on one occasion I heard the person who went along the passage stop short before he got to the back door, and having stopped he turned back to the front door, and went out, without going through the passage—no one came to the house while they were there—the cart drove away—that was about two minutes after I had heard the man's steps come into the passage and return—I went up to shut the door directly I saw the cart go away from the door, and when I came up I saw Janes, who was just coming back with the cart; he asked me if I saw any one drive the cart from the door—(French was not with the cart when it came back; I did not see any more of him)—I said, "Very likely the man that was with it"—he said, "There was nobody with me"—I did not notice the state of the coats in the passage at that time—Janes finished taking the dust, and went away in about ten minutes afterwards, and in about three minutes afterwards my master went in the passage—he called me—I went up and missed a black frock coat, the same that I had picked up—my master went out after the cart.

Cross-examined by MR. PHILIPS. Q. How many coats were hanging in the passage? A. I do not know, but my master said that one of them was gone—that coat was hanging on the peg in the passage, just in at the door—the door was open during the whole time while the dust was being taken away—he had not to take away any grating to get at the dust—he was about half an hour in doing it, and the door was open all that time—the house is in the high road; a good many persons go along there, perhaps hundreds backwards and forwards—the cart was standing in the road—the pegs are near to the door—when the man came back, he asked me if I had seen anybody go away with the cart, and then he stopped about ten minutes afterwards—my master missed this coat first about two minutes after Janes was gone—I did not know Janes about there before—I have lived there about seven months—the cart was not away many minutes when it was

missed—I was in the kitchen, at the window—I saw Janes go out with the basket of dust, and come in with it empty—Janes shot the dust into the cart—I was in the kitchen all the time, except when my mistress called me up—I was looking at the cart almost all the time—I was at the window—I did not see the cart go away, I saw it come back.

MR. LILLEY. Q. Does any other male person late in the house beside your master? A. No; but there is my mistress, and three young ladies—when my master came out of the back garden and called me, I saw one of the coats was gone from off the peg where I had put it, the same coat which I had picked up—the pegs are about half a yard from the door—as I stand at the kitchen window I can see from the door to the gate—I saw Janes come out with the empty basket, and give it to French—I saw the prisoners again on the Saturday morning in custody.

COURT. Q. You say while this was going on you came up and found a coat in the passage, lying on the floor, and you hung it up? A. Yes—I heard somebody come in the passage, and stop and return—I saw him go back then with the empty basket—he had nothing but the basket that I could see—there was no dust in the basket—it was a half bushel basket—he carried it by one of the handles, as persons carry an empty basket—it was when he was going from the house that I saw him—the front of the basket was towards me—I saw him to the gate, and French took the basket and put into the cart—I did not see the cart go away—I left the window at that moment, and looked again directly afterwards, and the cart was gone and French too—it was a frock coat.

JOHN OLIVER . (Policeman, R 171). On Friday morning, 24th April, I received information from Mr. Saxby, about half past 10 o'clock—I, received a description of some person, and in consequence of that I went after the prisoner Janes—I took him about 1 o'clock at Lewisham, close by the railway—I asked him if he had not fetched dust from No. 6, Queen Elizabeth Row that morning—he said, "Yes"—I asked him who he had, with him—he said, "No one"—I told him that Mr. Saxby charged him with stealing a coat, and I took him to the station—I had known him, before—I had not seen him that day—I had seen him in company with French plenty of times—I said to Janes, "Who was the person that was with you fetching the dust away"—he said that he had no one with him.

Cross-examined. Q. Do you know Janes? A. Yes—he is a hard working man, as far as I know—I know nothing about his respectability.

THOMAS BOWBERRY . (Policeman, R 370). On Saturday morning, 25th April, I met French in the road, and said, "Charles, I have been looking after you for some time, I want yon for stealing a coat in the Greenwich-road with Janes"—he began swearing, and said that he knew nothing about it—I took him to the station, and Mr. Saxby and the servant were there—Mr. Saxby said, "That is the man that was with the cart," and the servant said, "That is the man that was standing at the cart."

French's Defence. I know nothing about it; I was going to Greenwich, and saw Janes with his horse and cart; he said the horse fell down, and I went and looked at the horse's knees, and then went on; I know nothing about it. (Janes received a good character,)

NOT GUILTY .

SURREY CASES.

Before Mr. Recorder.

Reference Number: t18570511-646

646. THEODORE JOHNSON (33) , Breaking and entering the dwelling house of Edward Harriss Rabbits, and stealing therein 470 boots, value 120l.; his goods.

MR. LILLEY. conducted the Prosecution.

EDWARD HARRISS RABBITS . I have a shoe manufactory in Crosby Row, Walworth, and a warehouse in the rear. On Thursday morning, 11th Dec., I went into the warehouse, and found that it had been broken into, and several hundred pairs of boots and shoes taken, from 120l. to 140l. worth—among them were, I should think, upwards of 200 pairs of females' boots, with cashmere and kid tops—the entrance had been made through the roof—there were marks of a vehicle being brought into my premises at the rear—these women's boots (produced) are mine, and have not been sold—the selling price is never put on them while they remain in the warehouse—here is is also "R" punched on them.

Cross-examined by MR. RIBTON. Q. Did you give evidence on the former trial? A. Yes (See Vol. 45, page 676)—three persons were taken up then, but the woman was let off without being tried, her husband having absconded—the two men were acquitted.

JOHN ELLIS LUSH . On 12th Dec. I lived with my wife in a cottage in Old Bell Yard, "Westminster. The prisoner kept a cab there—he shared it with a man named Banbury—the Old Bell was at that time unoccupied—on 12th Dec., about 7 o'clock in the evening, Johnson came into the yard, and asked me to help harness his horse, as he was called up to go and do a job, and he must take his cart if the cab did not come—(Banbury had the cab out at that time)—I helped to harness the horse, and just as we had done, the cab came in, and Johnson went away with it—he returned in about an hour, or an hour and a half, at, I should think, about half past 8 o'clock—I saw him come back—he had two sacks and a bundle on the cab—I gave him a light—he pushed the sacks off the cab, and put them into an empty room in one of the cottages, and fastened the door up with nails, and went away—I did not handle the bags then—about twenty minutes after, the cab came in—I saw Watts and Hyde in the yard; they took the sacks out of the room, and put them into the Old Bell—I had the key of the Old Bell in my room, and Mr. Watts applied for it—Watts and Hyde went into the Old Bell, and came out, and locked the door—they took the key away, and asked me to take a bundle to Watts's house—about half an hour afterward I received a bundle from Watts, in a kind of old rag of a dirtyish colour, almost like a woman's shawl—I did not look inside it, but was able to tell from the feel that it contained boots or shoes—I took them to Mrs. Watts's—there was a hole in one of the bags which was removed by Watts and Hyde, through which I saw the sole of a new boot or shoe—the Bell is about twenty yards from the cottage—on the same evening I found these two pairs of boots (produced) about three yards from where the cab unloaded—in carrying the boots from the cottage to the Bell they passed over that spot—it was a very dark night—I was convicted of a trifle about twelve or thirteen years ago; it was for a bit of pewter, a pewter pot, stealing it—no charge has been made against me since that—Banbury drove the cabby day, and Johnson by night.

Cross-examined. Q. Do not you make a mistake when yon say that you have never been charged with anything since this affair of the pot? A. No, not till I was stopped with these boots—I was nine weeks in prison on suspicion of stealing them—I told the truth before the Magistrate, and from the beginning—I told your friend that I had been convicted once of pot stealing—I was convicted of it twice; you knew that before, you asked me the last time—I was three months in prison each time—when I was living in this cottage I had been out of employment about eight weeks, but am not so now—I did not know who these boots belonged to, but when I found them I had a strong suspicion that there were boots in the bag—I told the pawnbroker at first that I bought them—he said that there were a lot of boots and shoes lost, and he suspected they were part of the property, and detained me—I was taken up on suspicion of stealing them—Hyde was tried here the Session before last, and another man, named Thompson; I do not know him—I was examined as a witness—I made the same statement that I have to-day, and the Jury acquitted Thompson and Hyde.

MR. LILLEY. Q. Did you make the statement that you had found them, on the first opportunity you had? A. I did—I was taken from the pawnbroker's to Vine Street station—I gave a false address, because I thought it would hurt me where I had a job of work—I was remanded for a week, and said that I did not steal them, but found them in Bell Yard—that was on the Saturday following the 13th, on which day I was detained—at the time I was questioned I was out of work, but I got a job now and then—my wife had needlework during those eight weeks—my two convictions were six months or twelve months apart; the last time was about thirteen years ago.

EMMA LUSH . I am the wife of the last witness. We usually kept the key of the Old Bell—Croft came and got it on Friday night, 12th Dec., and brought it back on the Saturday night—in the course of the evening Johnson came to my door, and asked me for a light; I gave him one; he asked if my husband was at home—he was in the back yard, not in the cottage—it was between 6 and 7 o'clock—I heard the cab come back about half past 8 o'clock I think, but did not look out—after Johnson asked for a light, I did not see him again; I saw him next day and every day for a week following—Mr. Watts also came for a light on that night; there was some one with him, who I could not see—Watts went with the other person, and took the things from the empty cottage opposite, and I saw a person carrying a sack across into the Old Bell—next morning, about 10 o'clock, Watts and Hyde came down; Watts had a yellow handkerchief under his arm, and I saw the impression of a boot in it—they had to go a little below our door, and were 6 or 7 yards from me—they came again between 12 and 1 o'clock the same day, but they did not have anything—neither of them came to our cottage that day—on the Friday night I saw Watts give my husband a bundle—on the next Saturday I saw some persons in the yard, who I afterwards ascertained were police, and from that time I never saw Johnson in the yard till a week or two ago.

Cross-examined. Q. Did you give evidence on the former trial? A. Yes—my husband was in prison for several weeks on this charge—I know nothing of his going to pawn them—I have received something from the Magistrate, because I was in distress and had no work.

SAMUEL COPPIN . (Police sergeant, P 15). In consequence of information, I went to Old Bell Yard on Saturday, 20th Dec, and made inquiries of the prisoner's wife, but was not able to find him—I continued to look for

him up to a little time before the last Session, and went to his house several times, but was not able to take him until he surrendered himself—I got these boots (produced,) from a C division man, who had Lush in custody; he produced them in Court, on. the trial, and I have had them ever since.

Cross-examined. Q. When did Johnson surrender or give notice of his intention to surrender? A. A few days before the last Session, 6th April, I had advice that I had better not touch him, and he never was taken—he does not live in the yard; his cab was kept there, and is now; he and Banbury share it—I went to the yard on 20th Dec. in consequence of a voluntary statement which Lush made to me; he had then been in custody a week—I went a great number of times, and at all hours, to Johnson's house.

MR. RIBTON. called

ALFRED MOREY . I am a metal dealer, of No. 13, Church Street, Kensington. I have known the prisoner's sister more than six years; he is an honest, respectable man.

Cross-examined by MR. LILLEY. Q. Have you known him up to the present time? A. Yes, I have seen him up to within a week or two—I know what he was staying away for, it was in consequence of an accident that occurred to a gentleman's carriage two or three days after this is said to have occurred, and has been out of the way at Woolwich for fear of an action—a man named John, who is employed by him, came and told me of the accident, and said that if I did not see him, I need not be surprised.

WILLIAM GODOLPHIN . I am landlord of the Railway Tavern, Woolwich. I have known Johnson; he has been living at my house since a few days before Christmas—I trusted him during the last month he was with me.

Cross-examined. Q. What did he do for his living? A. I kept him, as I found that he was very handy, and as he had tried to get work, but could not—he never asked me for any wages, but I kept him.

JURY. to J. E. LUSH. Q. What sort of weather was it? A. Rather dark, foggy weather, and wet—the boots were wrapped up in thick brown paper.

COURT. to E. H. RABBITS. Q. How were the boots kept? A. All loose in the warehouse, but we missed a lot of paper and a lot of boxes from the warehouse, and we suppose the boots were packed in the boxes.

NOT GUILTY .

Reference Number: t18570511-647

647. EDWARD ATKINS (57) , Feloniously cutting and wounding Elizabeth Foreman, with intent to do her some grievous bodily harm.

MR. LILLEY. conducted the Prosecution.

ELIZABETH FOREMAN . I am single, but have lived with the prisoner for four years, and have had a child by him, which was three years old last Jan.—I left him about nine weeks ago because he had no employment, and took my child with me—on Monday night, 6th April, about six weeks after I had left him, I met him in the street, and told him to come and fetch his things away next morning, as I did not wish to have anything more to say to him—he came on the 7th, about half past 9 o'clock in the morning, when I was in bed—he came into my room, and sat down by the side of the bed, on a chair—some conversation ensued, and in ten minutes or a quarter of an hour he shaved himself with a razor which he had left there—after that I got up, and told him to go away, for I did not wish to have anything more to say to him—he asked me if I meant it; I said, "Yes"—he asked me to fasten the door, but I would not—he asked me to

sit on the sofa by his side—I declined, and sat myself in the front of the window—I was looking out into the street, and he asked me to shut the window; I told him I would not, and all at once I felt something pushing in my side; I thought it was his knuckles, but I found that it was a table knife—I got up, and had a struggle with him, and took the knife from him, and laid it on the table—he got hold of me, laid me on the bed, opened his razor, and inflicted a wound on my face—I had had a few words with him, saying that I did not wish to have anything to say to him, but that was all—Dr. Smith, of Blackfriars Road, attended me for three weeks—after inflicting a wound on my neck, the prisoner went down stairs into the passage, and was taken into custody.

Prisoner. Q. Did not you strike me before you got out of bed? A. Yes, but you aggravated me to do so—when you asked me to shut the window, there were people in front of it; I believe you said that some men were pulling down a wall, and that you did not wish them to hear our conversation, but I did not pay any regard to that—you had treated me with kindness within the last eighteen months—you never ill used me—you gave me money after you left me, and I gave you money the day I left you—you went out to work every day at 6 o'clock, but you very seldom brought any money home; I kept you pretty well all the time—-you passed three evenings with me during the fortnight that you left me—I never knew you to have the inclination to do me harm; you always treated me with kindness, as for as your means would avail.

MR. LILLEY. Q. Do you mean to say that during the last eighteen months he has treated you well? A. He has never ill treated me, but I had to support him, and likewise the child.

FRANCIS SMITH . I am a surgeon, of No. 114, Blackfriars Road. On—7th April I was called to No. 3, Union Street, Borough, and on going through the passage I saw the prisoner—on entering the bed room, I found the prosecutrix bleeding profusely from a wound on the neck and face three inches long, extending from the back of the ear underneath towards the face, passing over the carotid artery and the jugular vein—I considered it a dangerous wound; if it had been half an inch lower, it would, have been fatal—this razor (produced) would produce such a wound—I attended her for about three weeks.

LAWRENCE KEEFE . (Policeman, A 474). I took the prisoner at the prosecutrix's house, she was in a very faint state and bleeding, the surgeon was not there when I went—I found the razor behind the looking glass in the bed room; there is a little blood on it.

Prisoners Defence. I have lived with her for four years, during which period I treated her with the greatest care and kindness, and up to the morning of this Saturday had not the most distant thought to do her harm, but always endeavoured to contribute to her comfort and happiness, and to supply her with every want as far as my means allowed; on the morning of this melancholy act, I visited her lodgings by her desire, and found her in. bed, she having left me a fortnight previously; I shaved myself previously to her rising, and placed the razor on a writing desk; she arose and dressed the little boy, and sat at the open window; I wished her to shut the door and the window, I had no other motive but that our conversation should not be heard by a man working at the window, and by two women occupying the adjoining room; the language she used, coupled with the fact of her saying that I never should see her or my child again, which is the only comfort I have in my declining years, and the cool, withering indifference

of the prosecutrix, tempted me to commit the crime for which I stand here.

GUILTY. of attempting to do grievous bodily harm. Four Years Penal Servitude.

Reference Number: t18570511-648

648. WILLIAM ROBERTS (30) , Feloniously setting fire to a stack of hay, value 140l.; the property of Charles Edward Smith.

WILLIAM ARTHUR EADE . (City Policeman, 78). On Monday evening, 13th April, I was on duty in Arthur Street West, and a lad was taken into custody for picking a pocket—the prisoner stopped me and said, "I wish to give myself into your custody"—I said, "What for?"—he said, "For setting fire to a hay rick about four miles from Kingston"—I asked him when—he said, "On Friday, between 10 and 11 o'clock"—I asked him what he did with himself after that—he said that he concealed himself from Friday to Sunday night in an outhouse—and came to town on the following day—I asked him why he gave himself into custody—he said, "I know the parties are after me, I saw them on London Bridge this afternoon"—he said that he had been to a beer shop and went into a farm yard, and there were two dogs, and one of them flew out and bit his hand; I examined his hand, and found that it had recently been bitten—he said that a party belonging to the house came down stairs on the Friday night, who asked him if he could give him a lodging, and who said, "Yes, a policeman will be here presently, and I will give you a lodging"—that he then went round to the rick to look for his bundle, struck a light to light his pipe and found the rick on fire—I asked him if he gave any alarm—he said, "No"—I asked him how he knew the rick was burnt down—he said that he stood and looked at it for an hour.

WILLIAM LAWRENCE . I am bailiff to Christopher Edward Smith, of Wimbledon, and live at the farm house. On Saturday, 11th April, at 20 minutes before 5 o'clock in the morning, one of the carmen gave me information and I found the rick on fire—it was then-quite light—I had been disturbed in the night by the barking of one of the yard dogs, and then I heard footsteps—I got out of bed and saw a person walking by my window—I put on a jacket, went down stairs, and saw the prisoner go into the Black Dog—I asked him his business—he said, "That is my business"—I said, I would let him see—he said "I wanted to lie down, only your dogs would not let me"—I said, that if he was not off the place, I would have him locked up—he' said, "For God's sake, do not, for I am working for you, and this dog has bit me"—when he got out of the gate, about fifty yards into the highway, he said, "I have a bundle, I will go and get my bundle"—I said, "Now you are out, you had better keep out, and if a policeman comes I will have you locked up"—he went into the farm yard, and I did not see him again till 17th April—I searched the place, but could not find any one—I went in, and as the dogs kept barking I dressed myself and went and found this bundle (produced) on a lump of straw against the hayrick, which had been put there recently, as if the prisoner had made his bed there—I carried the bundle in doors, and was aroused about 5 o'clock, the stack was then burning.

Prisoner. I do not recollect what I said, for I was very much intoxicated. Witness. He was a great deal the worse for liquor—he never worked with me.

RICHARD GOLDING . (Police sergeant, V 31). I saw the stack on fire about 7 o'clock on Saturday morning, 11th April—I saw the prisoner in custody at Bow Lane Station; I had this bundle under my arm, and he said, "You

have a waistcoat in that bundle"—I said, "There is a waistcoat in the bundle, is it your's?"—he said, "Yes, let me have it to put on," and I did so.

Prisoner's Defence. I am guilty of the crime, but it was not done wilfully.

NOT GUILTY .

Before Lord Chief Justice Campbell and the Fourth Jury.

Reference Number: t18570511-649

649. THOMAS FULLER BACON (32) and MARTHA BACON (26) were indicted for the wilful murder of Edwin Fuller Bacon: Martha Bacon was also charged on the Coroner's Inquisition with the like offence.

MESSRS. BODKIN. and CLERK. conducted the Prosecution.

HARRIET MONRO . I am the wife of John Monro, of Anglesey Street, Mile End. I am a cousin of the male prisoner—my mother's name is Harriet Payne—I went to the prisoners' house in Four Acre Street, on Monday night, 29th Dec., but not before—on Sunday, 28th Dec., I saw both the prisoners at my uncle's, and at my brother in law's, Murdock Monro, but only Mr. Bacon at my brother in law's, Mrs. Bacon was at her uncle's, Mr. James Bacon's, and Mr. Bacon came into my brother in law's to see me—it was between 9 and 10 o'clock in the evening that I saw Mrs. Bacon at my uncle's—she asked me if I would come over on the Monday afternoon to stop with her while Mr. Bacon went to Reigate—I said, Yes, I would come over between 4 and 5 o'clock—I had seen Mr. Bacon at my brother in law's before I saw Mrs. Bacon—I had no conversation with him further than about going over on the Monday—he asked me to come, and I said I would—he was at my brother in law's about half or a quarter of an hour or so, not longer—I was only in company with Mrs. Bacon a very few minutes—I did not observe how Mr. Bacon was dressed that evening—I do not recollect whether I shook hands with him—I did not observe at all what state his hands were in—I walked with him to my uncle's, where I met his wife—on the following day, Monday, I went to the prisoners' house according to the appointment; it was No. 4, Four Acre Street, Lambeth—I knocked at the door repeatedly, but got no answer whatever—I could hear nothing of any one in the house—I listened for two or three hours right on—I remained at the door from 5 o'clock till 8—I then went round to Mr. Edward Bacon's, and from there I went round to Four Acre Street, and knocked again, but could get no answer—it was then about 9 o'clock, or half past—I went back again to his brother's after that—it was about from a quarter to half past 10 o'clock when I left the house that night—I did not observe in what state the blinds of the windows were when I first went to the house the shutters were closed—when I left the house I went straight to my mother's, Mrs. Payne's, and made a communication to her—on the following morning, Tuesday, I went with my mother to the house in Four Acre Street—we left my mother's house about half past 11, and got over to Four Acre Street about 1 o'clock—we met Mrs. Bacon at the corner of the street—she had her rent book in her hand, and half a sovereign—my mother spoke first, and said to her, "Where have you been all night, and where are you going; how was it you did not let Harriet in?"—she said she had been in the house all night, and then she said directly that some one had come in at the back room window and had murdered the two children, and had cut her throat, and she said she was going to pay her rent and tell her landlord of it—she had a half sovereign on the top of the rent book in her hand—she said no more, but returned directly to the house—she had the key in her hand—she unlocked the door, and we went in—I went into the back room on the ground floor—Mrs. Bacon went

first—the little boy was sitting in a chair by the side of the fireplace—it was an old fashioned wicker child's chair with a little table attached to it in front—the boy was between three and four years old I think—(MR. BODKIN. stated that the boy was two years and a half old, and the infant eleven months)—there was a quantity of blood on the floor all round, and his little head was resting on the table—he looked to be dead; I did not go near him, or touch him—Mrs. Bacon repeated again that a man came in at the window and done it—my mother said nothing to her then; she came over so bad that we came out of the house directly—we went from there to Mr. Edward Bacon's, the prisoner's brother—I remained there, and my mother and Mrs. Bacon went on to the police station—I did not go back to the house that day—I next saw Mr. Bacon the next morning after he was brought up from Reigate; that was on the Wednesday morning—I cannot say how he was dressed then—some days afterwards I saw a pair of fustian trowsers belonging to him—he had them on; it was some days after the murder; the funeral of the children took place on the Friday, and it was on the Wednesday that I saw the trowsers on him—I saw them off him at his house in Four Acre Street—he took them off just before the funeral, on the Friday, to change his dress, and put on a black suit to go to the funeral—on that day I observed that there were two or three spots of blood on the legs of the trowsers—they were inside the right leg—I could not Bay how many there were; there were several—I did not make any observation to Mr. Bacon about them on that day; I did a day or two before that, and he said they had come from his finger—that was two or three days after the murder—the funeral took place about a fortnight after the murder—I think I first saw the spots of blood on the trowsers on the Tuesday following the Wednesday that he was fetched up from Reigate—he was wearing the trowsers at that time; I think it was then I made the observation to him about the spots—I only showed them to him—I said, "Do you see those stains on your trowsers?"—he said, yes, they came from his finger; he said he had cut his finger on the Sunday after Christmas-day in carving the dinner, and once he said that it was done with cutting a piece of wood again—that was at the same time—no, not at the same time, at another time, a day or two afterwards; he was talking about his finger, and had been telling. my father, and some more that were in the room, about it; it was at my mother's—he said he was cutting a piece of wood to light the fire with, and the knife slipped and cut his finger then—I had observed a cut on his finger; the first time I minded seeing it was about the Friday after the murder; he had no rag on it at that time—Mrs. Hyde showed me a shirt of Mr. Bacon's when she was going to wash it—I think that was on the Thursday as the funeral was on the Friday—she was just going to put it into the tub when she showed me two or three very small spots of blood—one was on the collar, about the front part, as if he had cut himself in shaving, and one was on the wristband; it was a very small spot, and that was all I mind seeing—there were several pieces of twine, and a bit or two of cord throwing about the house in Four Acre Street, in the back kitchen, and there was a piece or two in the front room on the ground floor—Mr. Bacon did not carry on his business there, but there were a lot of tools and different things there as if he had untied some of them—I mind seeing a piece of cord on the fire one day when the woman threw up the ashes from under the grate; that was after the policemen left the house, but I do not know the day—the first time I knew Mrs. Bacon was when she was married—they have been married, I think, about seven years—she had been some time in London before the death of the children—she was in a lunatic

asylum—I do not know when she Went into the asylum; I was not in London at that time—I went with my mother to fetch her out, but I do not know the day of the month—I dare say my mother can tell.

Cross-examined by MR. SLEIGH. (with MR. LAWRENCE. for Martha Bacon) Q. During her married life was she always kind and affectionate to her children? A. I cannot say, they lived down in the country, at Stamford—I never saw anything to the contrary—I never saw her with the children but once after she came out of the lunatic asylum—when I met her in the street and she made the statement I have mentioned, she made it in a cool and calm manner, as if nothing was the matter.

Cross-examined by MR. METCALFE. (with MR. POLAND. for Thomas Bacon) Q. You say they came on the Sunday night and asked you to go the next day? A. Yes—I had some engagement the next day, so that I could not go so early as they wished, they wanted me to come in the morning early—both my mother and I said I could not come till 4 o'clock—I had not observed anything about Mrs. Bacon's conduct before, I was only with her a very few minutest—Mr. Bacon said he did not like to leave her alone, all the week, by herself—he said he was to be absent a week at Reigate—he did not say why he did not like to leave her alone—the reason of my going was because we were apprehensive of her from, her having been in confinement, and out of her mind before—when I got thereon the Monday, I found the shutters shut; it was 5 o'clock, it was dark then, it was winter time: there was nothing unusual in the shutters being shut at that time—I could not say what there was on the deal table in front of the little boy; there was something, but in my fright I did not observe what; I cannot say whether there were any toys on the ground just by the chair—I cannot say whether he was in his night dress—the blood I saw on the prisoner's shirt was inside the collar; I have seen him when he has been shaving many a time, the blood has come from his chin, from pimples—I did not notice whether the other spot was inside or outside the wristband, it was somewhere on the edge of the wristband, it was a very small spot.

Q. You say he told you first that he cut his finger on Sunday in carving the dinner; when he afterwards spoke of it, did he not say that he had hurt it again in cutting wood? A. No, he did not—he said that he had cut it with cutting the wood—he did not say anything to induce me to know whether he meant a second wound—I remember the day upon which Mrs. Bacon wrote the letter upon which Mr. Bacon was given into custody—I do not think I had seen her that morning—I believe my mother and them had—I had seen her the previous day; I cannot say whether Mrs. Riley was there that day—she had been there previously when I have been with her; Mr. Blott, from Stamford, was there too.

Q. Did you, upon any of those occasions, shortly before that letter was written, hear anything said by Mrs. Riley or Mr. Blott to Mrs. Bacon, suggesting to her that she would be hanged if she did not make some statement, or something of that sort? A. No, I did not—I did not hear any of them say, nor did I say, that it would be better for her to confess; I never mentioned it to her at all.

MR. BODKIN. Q. Supposing you had not been engaged on the Monday, at what hour were you to have gone? A. In the morning, he said—no time was fixed, he did not mention any particular time—Mrs. Bacon did not intimate at what hour the party broke into the house—I did not make any remarks to Mr. Bacon when he spoke of having cut his finger when he was cutting some wood.

WILLIAM HENRY COOK . (Policeman, L 75). On Tuesday, 30th Dec., I was on duty at the station house in Kennington Lane, when Mrs. Bacon came there accompanied by Mrs. Payne, about half past 1 o'clock in the afternoon—Mrs. Payne said she wished me to come to Four Acre Street, she considered something had taken place very serious there—Mrs. Bacon did not say anything then—I went with them—on the way Mrs. Bacon said that a person had come in at the window and cut the children's throats, and her own as well—she did not say when that had been done—when we got to the house, Mrs. Bacon unlocked the door with a key—I went into the back room—the shutters of the front room were closed—we all three went into the back room pretty well together—I there found a little boy in a chair, with his head on his little table before him; his throat was cut, and he was quite dead—there was a good deal of blood about; some on the wall and on the floor—I then inquired of Mrs. Payne where the other child was—she said, "Upstairs, in the back room"—Mrs. Bacon was present—I found an infant lying on the floor, in the back room up stairs, with its throat cut, and quite dead—there was a child's bed in that room, there was no blood on the bed—it appeared as if the bed had been slept in—the child had it's night dress on, and the little boy also—they both had a portion of clothing on—they had night shirts on-—on seeing this I said, "This is a bad job"—Mrs. Bacon said, "I did not do it, a man came in at the back window and done it"—she did not say at what time it had been done—she meant the window of the back parlour, on the ground floor, where the little! boy was—I noticed that window at the time, it was fastened, but not properly, the hasp was a little askew, not straight, as it ought to be; it was enough to hold the sash—no one could open it from the outside or raise it—the glass was quite sound—there is only one window to that room—there is a little yard or garden outside, inclosed by a railing, not a wall—it is a row of houses and a little garden behind each—I did not then make any examination outside the window—I went into the front room, first floor, and saw a female's night dress lying on the bed there, it was very bloody, there was blood pretty well all over it; all the front part chiefly—I did not notice the sleeves then, I afterwards saw that there was a quantity of blood on the sleeves—there was also blood all round the neck, just in the front part—I found a pool of blood on the floor, as if it had been dropping down, several spots into one—the back parlour is the room where they used to live—there was a lot of lumber in the front room—there are also two little rooms besides, a kind of wash house and a room over it—I went all over the house, there is no room over the first floor—while I was making a search in the front room first floor, Mrs. Bacon passed behind me, and went to a little box on the drawers, and took out this envelope, and said she must send it to her husband—it is addressed, "Mr. Bacon, Mr. Marriage, Ironmonger, Market Place, Reigate," and has a postage stamp on it; it contains a blank sheet of paper—she said the address was her husband's writing—I then went back to the station, and took Mrs. Bacon with me—I did not take her into custody altogether; I said, "We will go back to the station now"—she "went with me of her own accord—Mrs. Payne also went with me—Mrs. Bacon was detained when we got to the station—the acting inspector told her that we should detain her as regarded the murder of the children—she made no answer to that—she was taken before the Magistrate that same afternoon and remanded—before that, I went to the house again with Mr. Bushell, the surgeon, and a brother officer—Mr. Bushell saw the children—on that occasion I found three knives on the table in the back room, down

stairs; not the table where the child was sitting, but another table—I have here two knives out of the three—I left the other behind, as it was quite clean—they are common table knives—I observed something similar to blood upon them, on one of them more especially; one did not appear to be stained with Mood as the other one was—these are them (produced)—one of them presents the appearance of having been recently sharpened—this is the one that I thought was the bloody knife that was used—Mr. Bushell saw it—I examined the sill of the back room window next morning, Wednesday, about 1 or 2 o'clock—there was dust on the sill—there was not the slightest appearance of that dust having been disturbed—there were no footmarks, nor the slightest appearance of the ground next to the window having been disturbed at all—it is gravel immediately under the window, just as back door places generally are, it is rather in a rough state—it would show the impression of feet—it was not exactly gravel, it was earth, sufficiently soft to show the impression of feet—I did not look at the hasp then, I had noticed that the day before—on Tuesday, 6th Jan., I received from the turnkey at Horsemonger Lane Gaol, where Mrs. Bacon was confined, this chemise, there is a great quantity of blood on it.

Cross-examined by MR. SLEIGH. Q. How far is the station house in Kennington Lane from Bacon's house? A. I should think pretty nearly a mile—when Mrs. Bacon and Mrs. Payne first came to the station, it was Mrs. Payne who spoke, Mrs. Bacon was by her side at the time; she did not make the slightest observation—we had walked very nearly a quarter of a mile from the station before Mrs. Bacon made the statement I have mentioned—I had asked Mrs. Payne where the person was who had committed this murder, as she supposed, and she said, "Here, by my side," and it was upon that, that Mrs. Bacon made the statement—she did not make any other remark during the rest of the time—when we got to the house, she put the key into the door and unlocked it—she did not take a bit of notice of anything, no more than if she was going in at any ordinary time—her appearance and manner made me consider she was not in her right mind—it was in consequence of her appearance and her demeanour that I avoided asking her any questions—I have seen her repeatedly since—she has presented just the same appearance and demeanour, and caused the same impression on my mind—she has not, on any occasion, manifested any concern or feeling about this matter, that I have seen.

Cross-examined by MR. METCALFE. Q. Was there not a woman's apron found? A. My brother constable has that—I saw it—that was also bloody—I saw it the morning I first went, in the front room up stairs, on the floor, between the bed and the drawers, it was put on the blood on the floor—it also appeared as if one of the knives had been wiped upon it—there was a great quantity of blood in the room where the boy was found, it appeared as if he had been killed in that place; there is no doubt of it—there was blood on the little table attached to the chair—there was also a great quantity of blood on the floor where the baby was killed, as if it had been killed where I found it lying; there was a pool of blood—the blood over which the apron was spread was directly opposite the drawers, facing it; the looking glass was on the drawers, and the blood directly in front of the drawers—I did not observe any blood running down the front of the drawers, or on the drawers; there were several drops round, in fact, there was a place as big as a person's hat, the apron was put over that, and there were several pools besides—there was one spot of blood on the landing and one just at the edge of the top stair—I also observed a smear on the edge of the door of the back

room up stairs, about a foot and a half from the ground, just as if somebody had passed with a bloody garment on—I believe there were one or two toys on the table where the little boy was sitting, and two or three on the floor, down by his side—I went down to Reigate to fetch Mr. Bacon up, on the same night, the Tuesday night—I was ordered not to communicate to him what had taken place, but to bring him back—I went to the address on the envelope, I did not find him there; I understood he was working for Mr. Marriage, but Mr. Marriage did not know him by name.

MR. BODKIN. Q. Did any one else go down to fetch him besides you? A. No, I went by myself—he particularly wanted to know what was the matter at home, but I was not to tell him what had happened—I found him at the Bell Inn, Reigate—he had been in bed, he was in the passage when I saw him; he was aroused and brought to me—it was 1 o'clock in the morning—I was in plain clothes—when he came down, I asked him whether he had not got an aunt of the name of Payne—he said, "Yes"—I said that his aunt had sent to me by a stranger, desiring me to bring him back from Reigate, as something had happened at home, his wife was very ill—he particularly wanted to know what was the matter—he said, "What can it be, to want to send for me?" or something like that—I said but very little to him all the way up—I brought him away—we walked from Reigate to Rod Hill, and came up to London Bridge by the 10 minutes to 4 o'clock train—we came up in the same carriage—he did not ask who I was, we never spoke all the time we were in the train—he paid his own fare—I do not think we exchanged a word after the train was in motion.

COURT. Q. He came with you voluntarily? A. Yes, willingly.

THOMAS HORTON . (Policeman, L 43). On 30th Dec., I went with the last witness and Mr. Bushell to the house in Four Acre Street, about 2 o'clock in the afternoon—on the bed in the front room up stairs, I found this night dress (produced)—it is a woman's night dress-—I have also an apron, which I found in the same room; it was lying on the floor, covering some blood-there is also a mark on it, as if a bloody instrument had been wiped upon it—there was a chamber utensil under the bed; there appeared to be blood in it, mixed with water—I examined the window sill of the back room down stairs—there was a deal of dust on the outside, undisturbed.

Cross-examined by MR. METCALFE. Q. Did you find a basin with some water, as if bloody hands had been washed in it? A. I did not—there was no vessel with water, in the wash house or in any other place.

EMMA LANGRIDGE . I am the matron of Horsemonger Lane Gaol—I was in the gaol on the Tuesday when Mrs. Bacon was brought there, I think it was about 12 o'clock—her throat had been dressed at that time, there was plaister on it—I did not at that time observe any other mark on her throat—next day, I observed that there was a mark all round the throat; it appeared as though a string had been tied tightly round—it was traceable from the cut completely round—I should say it must have been rather a large thing, it was a wide mark, it was very visible at the back of the neck—there was nothing about her dress that could have made the mark—I afterwards saw a shift taken off her, which I gave to Cook the constable—I called the attention of Mr. Harris, the surgeon of the gaol, to the mark of the string or cord—the prisoner said, that it was done with the knife, the same that her throat was out with.

Cross-examined by MR. METCALFE. Q. You say that the mark was Very plain behind? A. Yes, and very broad; I should say it was a quarter of an inch broad—I did not observe it till the Wednesday morning—it was

net red, it was rather a dark mark found; I might have called it a dark red. mark—her dress did not come up high enough to make the mark—she won her ordinary dress—she had garters, I do not think she had stays on, I am not positive, I do not recollect whether she had or not.

MR. CLERK. Q. Was she alone during the night? A. No, an officer was appointed to take charge of her during the night.

AMELIA OAKS . I am the female searcher at the station at Kennington Lane. I searched Mrs. Bacon on 30th Dec. last, after she was taken into custody—while I was searching her she said, a man got in at the window and murdered her two children and cut her throat at well—she said, "Will they lock me up?"—I said, "No, put your clothes on"—I had got her undressed—there was blood on her chemise, all about it, spots and stains from the top to the bottom—her throat was not bleeding then, Mr. Bushell had just dressed it—there was no blood on her outer garments, only on her chemise.

Cross-examined by MR. SLEIGH. Q. You had nothing more to do with her than to search her? A. That is all—the statement she made to me was made without any question being asked her.

JOHN BUSHELL . I am a medical practitioner, and live in Lower Kennington Lane. I was sent for to the police station there on 30th Dec., about 2 o'clock in the afternoon, or a little after—I found Mrs. Bacon there—I asked her how she did—her reply was, "Very poorly;" at the same time, without any more remark, she followed it up by saying, "A man got in at the window, and out my throat, and my children's also"—I asked her to let me look at her throat—I did so, and examined it—I found several outs or marks on the throat, one from the lower part of the throat, extending from the left to the right, two or three inches long, avoiding the windpipe—the wound continued across the windpipe, but not wounding it; there was another cut from that downwards, about two inches long; there were several outs appearing to be backwards and forwards, all above the first cut that I have named—the whole of these cuts I could not find to be continued from right to left, or from left to right; they seemed to be out both from the right and from the left—they were what I may term scratches, or abrasions of the skin—the principal cut was the one passing over the windpipe; the depth of that was perhaps rather more than the eighth of an inch in the deepest part; it was deeper over the windpipe, but not much; it was altogether a slight cut; blood had come from the whole, even the scratches—it was not bleeding when I saw it—all the wounds I saw might have been done by herself; if they were inflicted by another, she must have remained quite quiet during the time, quite passive and consenting, with the head extended back—while looking at the wounds I remarked to her, "This has been done some time"—she replied, "Yes, 8 o'clock last night"—I examined her hands; the left hand was covered with a brown colour, as if from the stains of blood only partially washed from it; there was a still deeper stain round the nails—the fore and second fingers of the right hand were also partially stained in the same way, with blood partially washed from them—I did not call her attention to it in any way—after this interview I went to the house in Four Acre Street; I there saw the bodies of the two children—I found the throats of both the boy and the infant out fatally—(looking at a knife) the wounds I saw would have been very likely to be caused "by such an instrument as this, most likely—I saw the knife on the table on my searching the room, and I saw immediately that it had been wiped, and I directed the officers to take possession of it,

and to be careful of it—I have since examined what is on it by the microscope, and have ascertained it to be blood; I have every reason to believe it to be human blood—that is as far as I can go; there is a difference between the globules of blood of some animals and human blood, but it is difficult to distinguish human blood from the blood of some animals even by microscopic power—the knife had every appearance as if it had been recently rubbed on a steel—my attention was drawn by the officers to the window of the back room; it was fastened; it could not have been lifted up in the manner in which it was then fastened—it was fastened so that no one could have come in—I do not think it could have been so fastened by any person that went out;—I was shown a woman's night dress, it was on the bed in the front room—there were marks of blood on it; it had quite a different appearance from the blood from the neck; it might have come from any other source than the neck; there was blood on it that I think did come from the neck; that was at the upper portion—the blood on the lower part of the dress was distinguishable from that; it was blood that had either flowed more rapidly or had been rubbed from some clot of blood of a different character from the blood from the throat—there was also some blood on the sleeve—I was afterwards shown a shift; there were marks of blood on that, near the hem—a pair of moleskin or fustian trowsers has been shown to me by inspector Young—there are appearances of blood upon them, on the front—I saw a waistcoat on the bed; it has since been shown me by Young; there was a spot of blood on the collar—I first observed the waistcoat on the bed where the night jacket was, the first day I went, but I did not examine it till afterwards; when I found the spot of blood I recognized the waistcoat directly—these are the trowsers—there are several marks on them of the appearance of blood.

Cross-examined by MR. SLEIGH. Q. As a medical man you have, of course, to a certain extent, given the subject of insanity your attention? A. I have—there is a form of that disease recognized among medical men as that of homicidal mania—I saw Mrs. Bacon on the Tuesday—my first impression when I saw her was, that she was not conscious of what deed had been committed.

COURT. Q. What was your impression? A. That she was not conscious of the act having been committed; that is to say, to reflect upon the consequences; she appeared to be indifferent to everything—I did not think he was in her right mind.

Cross-examined by MR. METCALFE. Q. Did you form any notion at the time as to the period which the children had probably been killed? A. From twentyfour hours, and upwards—I was examined on the first day, on the Tuesday afternoon, when the woman alone was charged—I was then asked the question, and I said upwards of twenty hours—I did not say it was probably done about the time the woman stated, I said the reverse; I said she was in error in saying so, I thought it was much longer than that; that was my impression from the first—I think I first saw these trowsers three or four days after Mr. Bacon was in custody, I should say, perhaps, full three weeks after I had been first called to Mrs. Bacon—I should not like to pledge myself that this was blood; there are many stains that will produce exactly a similar appearance after a little time—the only way to test the difference is to test them immediately by analysis or by the microscope, that would be the only means of arriving at a correct conclusion—it is my opinion that the blood on the lower part of the shift was spirted on it, not that on the night dress—the blood that was spirted I have every

reason to believe was arterial, I would not say so positively—the other was a mixture of arterial and venous blood, of a different appearance from the blood from her own neck—for arterial blood to spirt in that way, a person must be alive.

WINTOUR HARRIS . I am surgeon to Horsemonger Lane Gaol. I did not see Mrs. Bacon when she was brought there on the 30th; I saw her on my visit the following day, the 31st—Mrs. Langridge drew my attention to some marks on her throat—the wounds had been dressed, and were then covered with a plaster—there was a particular mark, that might have been made by a string—there were marks of cuts in the neck, as if they had been scored with a knife, and there was a mark above those, as if a word had been tied round the neck—there was a sort of bruise, I do not think the cuticle was off—I should say it was made by a piece of rope, about the thickness of a penholder, or large twine—such a mark would not be made by a person hanging; I suspect it must have been made by a person lying down or standing up, it was so very regular round the neck—if there had been a suspension it would not have been so regular; a person must have been either sitting or standing, and pulled it in that way (forward)—it must either have been tied tight or see-sawed—I asked Mrs. Bacon who did it—she said a man tried to out her throat—I have been shown a piece of rope or cord by one of the officers; that might have produced the marks.

Cross-examined by MR. SLEIGH. Q. Did you form an opinion as to the state of her mind while she was under your care in the gaol? A. When I saw her first I thought she was a person of unsound mind.

Cross-examined by MR. METCALFE. Q. The mark on her throat was very palpable; if you had been called upon to dress her throat, you could not well have overlooked it? A. No, it was very plain—I might possibly have overlooked the mark of the cord; I thought you were alluding to the cuts, they were in front—it was the matron who drew my attention to the mark behind—my impression was that it was all done by herself; it might all have been done by her own hand.

MARY SEROGEANT . I am the wife of Thomas Sergeant, and live in Four Acre Street, next door to the prisoners—I heard of the murder on the Tuesday morning, I think about 12 o'clock; the last time before that on which I had seen Mr. or Mrs. Bacon was on the Sunday—I saw them go out together on the Sunday afternoon—I did not see either of them after that, until this discovery was made—I noticed their house on the Monday—I did not notice the shutters or blinds—I was sweeping in front of my door about 11 o'clock that morning, and in sweeping I accidentally struck against the sill of Bacon's door, so as to make a noise—I thought I heard some one moving in their house on that, in the passage on the ground floor—it appeared as if some person was coming to the door; the door was not opened; I heard the footsteps return down the passage again—that was the only noise or movement that I noticed in the house on that Monday—the children were accustomed to cry frequently—I could hear them in my house—one of them was a fretful child, and was frequently crying—I cannot say which it was—I did not hear any crying at all during the whole of that Monday.

Cross-examined by MR. METCALFE. Q. Where were you all Monday? A. At home the whole day—I was in the parlour principally, and in and out of the kitchen at times—the children only cried at times; generally speaking, one was particularly cross—I did not know Mrs. Bacon by sight—I had never seen her before the Sunday—I do not know how long they

had lived there—I had the idea at first that Mr. Bacon went out on the Sunday, with one of the children in his arms; but I said I was not sure, I had so frequently seen the child in his arms; I could not say positively that it was so—I had an idea that I saw him with the child; I could not swear whether he had or not—I did not notice his dress on the Sunday.

COURT. Q. You have seen him carrying the child in his arms? A. I have—I only saw him pass the window; he was carrying it like an affectionate father—I have frequently seen him passing the window carrying the child, once a day at least, I should say.

JOHN LATCHFORD . I am a shoemaker, and live at No. 5, Four Acre Street, Walworth, next door to the Bacons. I slept at home on Sunday night, 28th Dec.—on the Monday morning I heard a sound in Bacon's house, resembling the lighting of a fire in the grate; that was about 6 o'clock—it was in the back room, ground floor—my room at No. 5 is on the ground floor—I did not hear any voices at that time—I did not hear any children in Bacon's house, during the Monday; before that, I had heard the children crying pretty well every day in the week—it mostly resembled the cry of a baby—I was at home all day on Monday, from morning till night—I did not hear either of the children cry at all, during any part of the Monday—I was working at home, in my room on the ground floor.

Cross-examined by MR. METCALFE. Q. When were you first asked to speak to this? A. I do not remember—I think it was about a week after I heard of the murder, which was the next day, Tuesday.

MARY PEARSON . I am a widow, and live in Four Acre Street, in the house adjoining the Bacons. I heard of the murder on the Tuesday—I was not at home on the Monday until the evening, between 9 and 10 o'clock—I did not hear any knocking at Bacon's door—I heard somebody moving in the house after I came home, in the adjoining room to mine, the front room, first floor—I heard some person walking the room—I cannot exactly say how long that continued, the noise was there when I went to sleep—it was like some person walking about the room; it continued for some time, I cannot exactly say how long, longer than five or ten minutes—I was in bed when I heard the footsteps.

Cross-examined by MR. METCALFE. Q. Was your attention called to that because yon had heard that some one had been knocking at the door, and could not get in? A. Yes.

WILLIAM VOKE . I am a bootmaker, living at No. 5, Four Acre Street I am the housekeeper—I live in the front parlour down stairs, and make the back room my workshop—Latchford lives with me—I was at home all day on Monday, 20th Dec.—I did not hear the Bacons' children cry at all, during any portion of that day—I was up somewhere about 7 o'clock that morning—before that I had been in the habit of hearing the children cry frequently, every day since they have been there; it was only one child that used to cry—I should say it was fretful, as it cried continually; it was like the cry of a baby—I cannot say any time in particular that I heard it cry, sometimes in the morning, and sometimes it might be in the afternoon, but generally, I think, it might have been towards the evening—I did not observe the windows of Bacon's house during any portion of that day—I saw Mrs. Monro at the house on the Monday evening, about half past 8 o'clock—there was no light in the house at that time—I looked to see.

JAMES COOK . I am gaoler at the Lambeth police court Mrs. Bacon was

under my charge daring the interval between one examination and another before the Magistrate, while she was under remand—I produce a letter—it was written, in my presence, by Mrs. Bacon, on 21st Jan.; that was a day upon which she was then under re-examination to be taken before the Magistrate; she was in my room, the gaoler's room, when she wrote it—I supplied her with the paper—she asked for it—she asked me for a sheet of paper, and pen and ink—she was then sitting on a chair in my room—I put the pen and ink and paper on my desk, she rose from her chair and went up to my desk, and there wrote it—no person was near her at the time she wrote it, nor communicating with her in any way—there were some friends with her in my room previous to her asking me for the paper—they had been talking to her; but the moment I found she wanted the paper and pen and ink, I said, "Stand on one side, and don't interrupt her; she wants to write something"—I do not know what passed between her friends and her—I do not at this moment recollect who they were; I paid no attention—after she had written the letter, I went up with her before the Magistrate—she gave the letter into my hands when she had written it—as soon as I saw the contents of it, I said to her, "This is a very serious charge that you have made against your husband; let me beg and pray of you not to make any statement that is not perfectly true, for remember the Almighty is looking down upon what you are doing"—she then said, "I am quite aware of that; what I have written there is perfectly true; I don't see why the innocent should suffer for the guilty"—that was all that passed—I went up with her, and delivered the paper to the Magistrate, and it was read by the Magistrate publicly in Court—Bacon was in Court when it was read; he was in the dock, in his proper place—he was taken into custody immediately after the letter was written, and before it was read in Court—no, he was not in the dock at the time, he was standing in front of the dock, if I recollect right—I now recollect; the document was read in Court, and he was afterwards taken into custody, and placed in the dock—he was standing between me and the Magistrate when the letter was read, so that I could see him—I do not remember whether he said anything when it was read; if he did I did not hear it—(Letter read: "Sir,—I must confess that I am an innocent person, and he who committed the dreadful deed is my husband, and there was no money in the drawers. He took the little boy down stairs, put him in a chair, and there cut his throat; he then went up stairs, and cut the little baby's throat." Signed, "Martha Bacon.")

Cross-examined by MR. METCALFE. Q. When this was read, did not Bacon faint, or very nearly so; would he not have fallen backwards if he had not been caught by some persons that were there? A. That is so; to all appearance, he was horror-struck at the charge—shortly before this letter was written, a Mrs. Riley had been with Mrs. Bacon, and Mrs. Payne—I do not remember Mr. Blott; he might have been there—on an average there were perhaps about six or seven visiting her every day she was there—I do not know their names—they had the opportunity of speaking to her, and making suggestions, if they chose—I was busy in my room, and did not hear what passed, or pay attention.

EDWARD YOUNG . (Police inspector, L) I heard of the murder of the two children on 30th Dec.—I sent down a policeman to Reigate that evening to fetch back Mr. Bacon—I first saw Mr. Bacon on his return from Reigate at 5 o'clock in the morning at the police station, Kennington Lane—I told him that I had sent for him in consequence of something that had happened to his wife; he appeared very agitated and wanted to know what had

occurred; I told him gently, broke it to him, that his wife had attempted to commit suicide; he appeared very much affected, and remarked that he knew three women who came from the same place who had gone in the same way; I asked him what he meant; he said, "Out of her mind;" he was very anxious about the children—I told him there was nothing particular the matter; he appeared much distressed, and I was very cautious in breaking it to him—I told him ultimately that the children had been destroyed by his wife; he was very agitated and very anxious then to go at once to see the children—I sent a constable with him to the house, I believe it was Horton—I did not, when I saw him at the station house that morning, observe his left hand—he returned to the station with that constable about half past 6 o'clock—he said he had not been able to see the children, but he had seen the blood of his dear boy—I had no particular conversation with him when he came back from his own house, nothing farther than about seeing him again in the after part of the day, which I did not do—this was on the Wednesday—I observed the cut on the finger on the Saturday following—the first examination before the Magistrate took place on the Tuesday following the Monday when the murder is supposed to have been committed, on the 30th—it was that evening I despatched a constable to Reigate for him—Mrs. Bacon was remanded to the following Tuesday by the Magistrate—it was on the Thursday morning that Mr. Bacon returned from Beigate—I have no recollection of seeing him on 1st Jan.—the inquest was on Friday, 2nd Jan.—I was present at the inquest, I saw Mr. Bacon there—in consequence of what had been named to me by one of the constables who had been in charge of the house, that some property was missing, I spoke to Bacon about it—I asked him if it was true that there were some clothes missing from the house—he said there were some clothes, a watch, and 7l. in money—he did not describe those articles to me at that time, I arranged to see him the following morning to give a description of them—he came to Kennington Lane station on the Saturday—he described the clothes as I took down at that time (referring), "a great, sough, dark coat;" that was entered in his presence; "two large outside pockets at the side; a black cloth frock coat, a ditto waistcoat, and a pair of trowsers; a silver Geneva watch," and then ha told me also that there was 7l. in money, consisting of a 5l. note, and two sovereigns; the 5l. note he had received at the London and Westminster Bank in payment for a cheque of 20l. from Mr. Atter, of Stamford—he did not tell me anything more, about the note at that time; I asked for the description of the watch, the name and number, which be hesitated a great deal in giving—I pressed him very muck for the name and number, as I told him it was necessary, as he stated it was stolen, to trace that; it was a very long time before I could get the description of the watch.; ultimately he said be bad bought the watch of his brother James, residing at No. 3, Charles Street, Northampton Square—he said he had worn the clothes that he described as stolen, on the Sunday prior to the murder; he said when, he went to bed they were hanging part of them on the rail outside his bed room door—this was on the Saturday—when he came back from Beigate be had a black coat on, a pair of moleskin trowsers, similar to those that have been produced, a black hat, and a black waistcoat, I believe—I went to Mr. Edward Bacon to get the number of the watch; I was referred to him by the prisoner Bacon—he gave me a bill of the watch which was described by Bacon, a bill which Mr. Edward Bacon, I believe, was to see paid—that is the bill (produced); there is the number of the watch—Edward Bacon gave me

that paper—I did not mention it to Bacon; it was his brother's request that I should not name it to him at that time—the watch was advertised and circulated in our division, but not in print—it was described by number—the number had been obtained from Edward Bacon—it was No. 31, 798, a silver Geneva watch—I have since seen a watch bearing that numbers—Sergeant Broad brought it to me—I did not see Bacon with any watch in his possession when he came back from Reigate—the first time I saw a watch in his possession was on Wednesday, 7th Jan.—he told me that he had been down to Stamford on the Saturday preceding and returned on the Sunday—I asked him where his watch was, and he showed me this one (producing it), it was not then in the state it is now—it was complete except the minute hand—I looked at it and saw the number—it is No. 13, 663—a few days after the 7th Jan. I was at the prisoner's house making a search of the whole of the premises—Bacon came there while I was there—I was in the back kitchen—there is a cellar opening from the passage; I told him I should look then and I sent for a candle for the purpose—I did not see Bacon go into that cellar—my attention was called by hearing a noise in the yard, and Broad calling out—I went out and saw Bacon there—Broad had him on one side, and he told me that he had put something into his pocket—I put my hand into his pocket and found this watch in the state it is now, with the glass broken—it is the watch I have last spoken to, No. 13, 663—Bacon first told me that he had received a check for 20l. from Mr. Atter, of Stamford—he always described it afterwards as a check for 30l.—he said he had cashed it at the London and Westminster Bank, and received four 5l. notes and 10 sovereigns—he said that he had deposited one of those notes for safety in a box for his own purposes, to purchase furniture with, and that he had paid the other three notes away—he assured me that the fourth note was in the box when he went to Reigate—I made inquiries to trace those notes, and have the witnesses here—I afterwards told Bacon that I had made inquiries with regard to the notes, and I told him that I had found a fourth note in circulation which had come from him, and asked him for an explanation—he then said that he had received another 5l. note, that he had given a person change for it in the street—I have traced that 5. note, it is the fourth received for the 30l. cheque—he gave me a description of the clothes, which I took down in writing—he has since given me another description of them—on 7th Jan. he described the great coat as rough great coat, with two pockets behind, and the other as a black cloth shooting coat, with pockets at the side—he said the great coat had been made by Mr. Dixon, of Stamford, that he had made all his clothes for the last twenty years—I afterwards received a letter from Mr. Dixon respecting the clothes, and I told Bacon that I had heard from Mr. Dixon, and that he had never made him such a coat—he said "The coat is not so rough as the one you hare got on"—he then said it was rougher, and afterwards he said that the reason he called it a rough coat was because it was an old coat—I observed the cut on his finger on Saturday, 3rd Jan., when he first came to the station—it was then closing, and gradually healing—it was on the first joint of the first finger of the left hand—it was a strait cut, about half an inch long and about one eighth of an inch in depth—he told me, without my asking bin, that he had done it whittling a stick—on Wednesday, 7th Jan., he told me that he had done it while carving at dinner on the Sunday—he was very much agitated at the time—I asked him if he had seen his wife before leaving home on the Monday morning—he said he had left her in bed, that she was vary comfortable,

that he had kissed her, and that she had bound up his finger to prevent his catching cold in it—I was at the police court on the 21st of Jan., when he was taken into custody—he was taken to the station to be given in charge after the letter had been read in the court—on the way there he said, "Oh! Mr. Young, is it not shocking that she should say I did it? I do not fear; the Lord will help me through it; my poor boy, I could not hurt a hair of his little head; the truth will always go the farthest."

Cross-examined by MR. METCALFE. Q. Did he not, when you repeated that at the police station, very shortly afterwards break into sobs, and sob very violently? A. Yes, he appeared very much affected—that was at the final examination—I cannot say that on the first examination he showed signs of emotion and grief when any portion of the evidence affecting the children came out—I stood close to him, in a better position to observe him than almost any one in court, and I cannot say that he did—I have at times seen him appear to be very much affected when the children were spoken of—the female prisoner appeared to take very little notice of what was going on—I have not got a note written by the prisoner to his wife after he was taken into custody—he gave a note to Mr. Cook in my presence—the purport of it was to allow him to have an interview with his wife—I asked the Magistrate, and he said he could not allow it—(looking at a paper) it was a note to this effect—read: "My dear Martha, I write these few lines to you, hoping that you will tell me the truth, as I wish to the Lord that you will speak the truth, as it will be the best for us, as our situation requires now we are placed, that nothing else will be more advantageous to both. Hoping you, as my wife, will not but give me answer, as I should like to see you, and likewise to speak to you. Hoping you are well, so now no more this time; with my love to you, I remain your affectionate husband, T. F. Bacon.")—I don't know the day that letter was written, it was after he was in custody.

WILLIAM PAYNE . I am an engineer, and live at Mile End. My wife is aunt to Bacon—on Sunday, 28th Dec., Mr. and Mrs. Bacon came to our house; I think it was a little before dinner time, a little before 1 o'clock—I was not at home—I saw them at Mr. James Bacon's, in Galway Street, between 7 and 8 o'clock in the evening—they had not got the children with them—I did not notice how Bacon was dressed that day—he had a frock coat on—I do not think he had a Sunday dress on—I did not notice whether his finger was cut—that was the day after the inquest, I think—I looked at his finger, and saw that it was cut, and I asked him how it was done; he said it was done with cutting a piece of meat—I told him I thought it was done by sharpening the knife on the steel—he said his were new knives, and never wanted sharpening—I told him I never knew new knives but what did want sharpening—when he came from Reigate, on the Wednesday morning I think, he came up into my room, and said to my wife, "Aunt, how did this happen?"—I made answer, "Your wife has murdered the two children"—he said he did not believe it; he wanted to know the truth—I told him to walk down stairs till his aunt had got her things on, and then I followed him, and he said, "Uncle, I can't believe that she has done it"—I said to him, "Tom, I can't believe that anybody went in and murdered them two children"—he said he would not believe his wife had done it—I asked him how anybody could go in and do it, they could not get in if he left the key in the door—he said he did not leave the key in the door; he made a common practice of taking it out and hanging it up behind the door—I do not recollect saying anything to him as to the probability

or improbability of a man coming in and committing this offence without stealing anything—he afterwards told me that some things had been taken from the house; I should think that must have been a week after the Wednesday I have been speaking of—he said he had lost some money, he did not tell me how much, and a great coat, and a suit of clothes—I asked him whether Dixon made the coat; he said, "No"—I asked him how he came by it; he said he took it for a debt—I said, "Who did you take it of;" he hesitated, and could not answer me, and I told him I believed what he told me was false—he said he had lost a watch; I told him I did not believe it—I knew of his having a watch; he had it when he came back from Reigate; this is it—this is the watch that his brother made, and the one I have been accustomed to see him with; it is No. 32, 798—this is the watch I saw him with when he came back from Reigate; he had no other watch then—I remember his going to Stamford; I believe it was on the Saturday after he returned from Reigate; he had this watch when he came back on the Sunday (No. 13, 663)—on the Sunday after Christmas Day, when Mrs. Bacon was at my house, she sat alongside of me on the sofa—I asked her how she could leave those two children like that in a house, and nobody there—she sat a little while, and I said to her, "Martha, if my mistress had left my children like that when I was young, I should never have forgiven her as long as I lived"—she said, "Uncle, don't you fret about the children; they are happy enough"—I thought Mr. Bacon looked very much confused that evening—Mrs. Bacon and I were talking about family matters, and she said, "Hold your tongue; here is Thomas coming"—he did not seem as if he wanted to see me, nor yet his aunt; he seemed very much agitated, I thought—the last time I saw him, the night before he was taken into custody, I said to him, "Thomas, I have laughed and joked with you a good many times; I am now going to talk to you seriously; how will you fare if your wife turns round upon you to-morrow, and says you have done it?"—he said, "My wife never did deceive me yet"—I told him that was more than he could tell—he said, "Did my aunt ever deceive you?"—I said, "Yes, many a time"—he called her in, and asked her whether "she ever did deceive me—she said that was her business—he then bade me good night—I told him I might bid him good bye, for I did not expect to see him any more, without it was when he was locked up—I was not at the police court next day—I had no reason to believe that his wife was going to make a statement against him when I said that to him; I did not know whether she would or would not—I had not had any communication with her on the subject.

Cross-examined by MR. METCALFE. Q. But you had heard something about such a statement being made, had you not? A. I might hear a little; I think my wife said something about it—she said she thought Mrs. Bacon did not seem so kind towards her husband as she had been—when I first saw him after he came from Reigate, I told him I did not believe that any one did go in and do it, without robbing the house—it was a day or two after that that he told me he had lost the watch and money.

HARRIET PAYNE . I am the aunt of Mr. Bacon. On Sunday, 28th Dec. I saw both the prisoners at the house of Mr. James Bacon—they came there to get my daughter, Mrs. Monro, to go next day to stay with Mrs. Bacon—I did not observe anything particular about him more than usual on that occasion; I thought he was always very irritable and very nervous, and that like, and always particularly in a hurry—I did not observe anything particular on that occasion more than I had observed on other occasions—I

did not observe exactly how he was dressed—I did not observe the state of his hands—I went on the Tuesday, with my daughter, to the house in Four Acre Street, and gave information to the police—both the children used to sleep up stairs in the back room; the boy in the bed, and the little girl in a little basinet—I noticed that both the bed and basinet had not been made since they had been slept in—I saw Bacon on the Wednesday, the day he came back from Reigate—he said he did not believe his wife had done it—he said he believed some one had come in and done it—he did not say his wife had told him so—I do not think he had seen his wife before I saw him—it was between 6 and 7 o'clock on Wednesday morning that I saw him—he did not sleep at our house on Wednesday night—he left a watch with me that night—I had seen him with that watch before; he never left it with me till that night; he was then going to his house in Four Acre Street—he had the watch again on the Thursday morning—he gave it me back again on the Thursday evening—he had it again on the Friday—he left it with me on Friday evening, and had it again on Saturday; he took it out of the drawer on Saturday morning—he went down to Stamford on that day—I think I should know that watch again—this is it (looking at it); he got it from his brother, James Bacon—I saw him on the Sunday when he returned from Stamford; I saw him with a watch; he left it in my possession on the Sunday evening, because he broke the glass when he was going to wind it up—he had it again on the Monday morning; he took it to have a glass put into it—he told me at first, on the Sunday, that he was going to sleep in Whitechapel that night—in the morning, when he came, I asked where he slept, and he said, 'In the City Road"—I have since seen the watch that he left in my hands before he went to Stamford; I saw it at Lambeth—he told me that his clothes were hanging on the banisters, and I said I never saw them when I went up stairs with the policeman.

Cross-examined by MR. SLEIGH. Q. I believe you went down to Stamford in the course of last year, to bring Mrs. Bacon up? A. Yes—I went on 12th Jan., and came up on the 13th—I assisted in conveying her to London, and to St. Luke's Lunatic Asylum—the youngest child, Sarah Ann, was then about six or seven months old—I heard of Mrs. Bacon being very ill soon after the birth of that child; her mind was affected—she was sometimes very violent—I do not know whether she had a very bad confinement, I was not there—I heard that she suffered very severely from flooding—she was at times very strange in her manner, and at times under delusions—I have heard that at times she threatened the lives of her nearest and dearest relations—she was confined in St. Luke's from 13th June till 17th Oct.—I saw her from time to time while she was there—I continued to see her after she was taken out of the asylum, while she lived over at Walworth, until the time this unhappy matter occurred—from what I saw of her, she always manifested kindness and fondness for her children—I did not see a great deal of her; as often as I had the opportunity—she seemed very kind—I only saw her once after she came out of the asylum before this occurred.

Cross-examined by MR. METCALFE. Q. When yon went there on the Tuesday morning, did you ask her how it was that she did not come to let Harriet in the night before? A. Yes—she said she had been out walking with the children, and she thought she should have met her—when Bacon went to Stamford, he said he was going partly in order to get Mr. Atter to attend for his wife; and on the next examination Mr. Atter's agent

appeared for her—Mr. Atter has been the attorney for a great many members of the family for a number of years—as far as I have seen the conduct of Bacon, he has appeared very fond of his wife, and likewise of his children—when his wife was in St. Luke's, he was part of the time at Stamford—he came up to see her, I think, on one occasion—he took her out one day—that was another day, on a Sunday, and brought her to our house; besides that, he came up once to see her, and I think he came another time.

COURT. Q. When he brought her from the asylum to your house, did he seem to behave kindly to her? A. Very kind; they came to spend the day.

MR. METCALTE. Q. On all occasions have you not heard him express great fondness for his wife? A. I have, even since this charge was made against her; I never heard him say anything against her in my life—he never came to our house with them but once; that was a fortnight before the 28th; he brought them both; he and Mrs. Bacon were together—he brought his wife and the two children to see us; he treated them very kindly then, and the children appeared very fond of him—they were in very comfortable circumstances—I was in Mr. Cook's room a short time before Mrs. Bacon wrote the letter that has been read; Mrs. Riley was also there; I left her in the room when I came out—I do not recollect anything being said to Mrs. Bacon before it was written about the probability of her being hung if she did not make a statement—Mrs. Riley told me that she was in the room, and she said why should she mount the gallows innocently; but I did not hear it—I do not recollect that anything of that sort was said in my presence and hearing.

MR. BODKIN. Q. Were you at the police court when the letter was read which Mrs. Bacon wrote? A. Yes—I do not know of anybody having in any way persuaded her to write that letter, and I do not think there was.

MATILDA LAURENCE . I live in George Street, Camberwell. On 5th Jan. last I sent my little girl out on an errand—when she returned, she brought me this watch.

HENRIETTA. LAURENCE . I brought this watch to my mamma—I found it at No. 4, George Street, Trafalgar Street, Walworth, on the threshold of the door, wrapped up in a piece of paper.

----BROAD. (Police sergeant, L 23). On 7th Jan., I went with inspector Young, to Bacon's house, in Four Acre Street; Bacon was there—the inspector asked him to describe the watch that was lost—he said it was a watch that he bought of his brother James—he had at that time another watch with him, No. 13, 663; he took it out of his pocket, and showed it to us—he said he bought that of Mr. Jackson, of Spilsby—some days after, I was with inspector Young, searching the house—I think it was on Thursday, 15th Jan., Bacon came in while we were there—Mr. Young proposed to search the coal cellar; Bacon said it had been looked into—Mr. Young asked for a candle, and while it was being fetched, Bacon went into the cellar; I told him to come out, and wait till we had got a candle—he came out, and afterwards went in again—I went to the deer, it is a very small place, and Bacon was in the cellar on his knees, and he appeared to be putting his hand under the flooring, which is a little raised from the cellar; he appeared to be thrusting his arm under the flooring; I asked what he was doing—he got up, and as he got up he caught up some hay and straw that was there, and came out and went past me into the yard, where he dropped the hay and straw by littles, and then put his hand into his trowsers pocket—I

told him I believed he had put something into his pocket—I called the attention of the inspector, and saw him take from his pocket the watch, No. 13, 663; it was not broken then as it is now.

WILLIAM ASTELL . I am a cashier at the London and Westminster Bank, in Lothbury. On 18th Nov. last, I cashed a cheque for 30l., drawn on the Stamford Branch of the Northamptonshire Bank, I cannot tell by whom—I paid it in four 5l. notes, and the rest in gold; the notes were Nos. 28, 451 to 28, 454, dated 11th Oct., 1856.

RICHARD ADTY BAILEY . I am a clerk in the Bank of England. I produce four notes from the Bank, Nos. 28451 to 28454, dated 11th Oct.; No. 28451 was paid in on 29th Jan.; No. 28452, on 21st Nov.; and 28453 and 28454 on 20th Nov.—the name of "Bacon, Margaret Terrace," is written on the first note—I also produce another note, No. 46815, dated 12th July, 1856, paid in on 30th Dec.; the name of Bacon is on that, and part of a word finishing with "gate."

EDWARD BACON . I am the prisoner's brother. This note, No. 28451, was paid to me on 20th Nov. last, by my brother Tom, my name is on it, written by my wife.

EDWARD CHARLES WENDOVER . I am assistant to Messrs. Chambers, ironmongers, Bishopsgate Street. On 24th Dec. last, I saw Bacon at my shop, he paid me a 5l. note, on that day—this, No. 46815 is it.

SAMUEL PERRY . I live at Reigate. I am a plumber and glazier by trade—I saw Bacon on the Monday—I had not been acquainted with him before—he came to work at the same place where I was working, Mr. May's, a Quaker's; he came there about 10 o'clock in the morning; he brought his tools with him, a very few—he was sent to lay some iron pipes, he is a whitesmith—he seemed as if he did not know what he was doing—he did nothing, merely looked at us, and looked at the work that he was to do—nobody spoke to him about not doing his work, there was nobody there but him and me—he stopped there about an hour, or an hour and a half, and then went down to the shop again—he did nothing in that hour and a half—he chucked his tools down, then he picked them up again, and then he stood holding his head down for about a quarter of an hour or twenty minutes—he did not say anything—he never spoke all the while he was there—I did not speak to him.

Cross-examined by MR. METCALFE. Q. You kept on with your work all the time, I suppose, as you always do? A. Yes; I make a practice of that—his work was to lay some iron pipe in a conservatory—I do not know that he had to wait until some work was done, so that he could lay them—the foreman was not there to attend to him, or overlook the work—Mr. May was the gentleman the work was done for—Mr. Fisher was my master, Mr. Marriage was Bacon's master—I do not know that Bacon did the work, and that he has since been paid for it; I know nothing about it—Mr. Marriage is not here, nor anybody who can tell whether the work was done and paid for.

HENRY WOODS . I am in the employment of Mr. Marriage, of Reigate. On Monday, 29th Dec., I saw Bacon in the station yard, at Reigate town, about 25 minutes to 8 o'clock in the morning, I did not know him then, but I afterwards saw him at Mr. Marriage's shop at work, and recognised him—I went to work at half past 8 o'clock; Bacon was in the shop rather before me, and was changing his coat—I work at Mr. Marriage's, that is not where Perry was working—there seemed to be something peculiar about Bacon, he did not seem to know, perhaps, so justly as another man might,

what he was doing—he walked about the shop, and looked out several things that he required for his work; he did not take them away with him, he might, perhaps, have taken one article out of three—he had to work at Mr. May's that day—I saw him backwards and forwards several times in the course of the day, pretty nearly every half hour or more—I cannot tell what he came for, for I did not see; my shop is adjoining the smith's shop, he came just inside my shop during the morning, and made some remark about some work I was doing, which I do not exactly recollect, and after making that remark, he stood there nearly ten minutes in a curious position, and then he turned himself round and walked away—he did not say anything to me while he was standing in that way—he went from there into the smith's shop, and was there some little time—I asked him what time it was, he said, "Three minutes to 1 o'clock, let us go to dinner"—before that I had asked him the time, and he said, "Just turned half past 12 o'clock"—I did not see so much of him in the afternoon as I did before—I saw but very little of him on the Tuesday—I do not know at all what he did on the Tuesday.

Cross-examined by MR. METCALFE. Q. Do not you know that he had to wait at Me May's until the work was prepared, before he could fix the pipes in the conservatory? A. I do not know the position of the job—I was first asked about this about, perhaps a fortnight ago, by inspector Young—I cannot tell what time the train started from London that Monday; it was due at 10 minutes past 7 o'clock from Croydon, which was where I came from.

CHARLES MAY . I work for Mr. Marriage. On the Tuesday after Christmas day I was working at Mr. May's green house—Bacon was at work there—we were both on one job—I was able to go on with my work—he did very little work that day—he was working as a journeyman, at daily wages, paid by Mr. Marriage—he was levelling the ground to lay the pipes down—he went to and fro to the shop several times to make tools, what we call "corking" tools, for the pipes—he had to make some, and repair some—he did not finish the work that he had to do—he did his work during the day, but very little of it—he did not work so hard as I did—his manners were strange—he seemed to say but very little.

COURT. Q. Did you ever meet him before, so as to know whether he was a reserved man or a loquacious man? A. No, I have never seen him before.

CHARLES DIXON . I am a tailor, of Stamford. I know Bacon well—I have made clothes for him for some years—on Sunday, 4th Jan., I saw him at Stamford, at his aunt's—he asked me if I recollected making him a greatcoat—I said I could not recollect just at that time that I had—he said it was a dark coloured coat; some would call it a black one—I said I never had made him one—he said, "It is a long time back, some yean past"—I said I could not recollect any such a thing—I was certain I had never made him one—he said it had been stolen from his house, with other garments, and that it would be doing him a great kindness; that I should be sure to be sent for up to London about them, and it would do me no harm—he said this several times—I observed that his manner was very different from what I had seen it on other occasions—he shook very much, and could hardly speak—I saw him again in the afternoon, about half past 3 o'clock, at the railway station—he was then going back to London—he was rather short of time—he ran, and got his ticket, and came and shook hands with me, and said, "You will do what I told you to do before; you are sure to be

sent for, and say nothing to no one"—he trembled very much indeed—I had never made him such a great coat as he described.

Cross-examined by MR. METCALFE. Q. Did he, while he was there, snow you a picture of his children? A. He did, and he said, "Who would ever think that my wife could murder two dear children like those?"—I said, "No, I could not believe it"—he said he was sure some one must have come in at the door and done it—it was at that time that he appeared so very much agitated—he was much affected and distressed.

ANN HYDE . I am a widow, and go out as a charwoman and nurse. On 6th Jan. I went to Bacon's house, in No. 4, Acre Street—I took some washing there—I noticed some blood on a shirt that I had to wash—it was on the right side, above the gusset and on the wrist—I asked Mr. Bacon what it was, and he said it was produced from the bleeding piles—I said, "No such thing; I have nursed persons with that disorder, and I am sure it was not that"—it was different—it was a smear—it did not look like the marks of fingers—I was at the house from the Tuesday to the Friday night—he was there at that time—he appeared to be in a very frightened state, very timid—I asked him what made him so frightened, and so timid, and nervous; but he never gave me any answer—he spoke of the death of his children a great many times—he said he was very sorry for the death of his children.

COURT. Q. Did he appear to be very sorry? A. Yes—he always appeared so when he spoke the words.

MR. BODKIN. Q. Did he speak of his wife? A. Yes; he said he hoped she would not get hurt for it, and that if she got off he should take her abroad—he said he thought some man had got in at the window—I said I did not think so—I said that I had been frightened several times coming home from my work of a night—I meant frightened of being attacked in the streets—I do not recollect his saying anything about whether he believed his wife to have done it or not—he said he would kill her if she said anything—I do not know how he came to say that—I cannot recollect what we had been talking about—I recollect his saying it to me—I forget what I said in answer—on one occasion, while I was there, I saw him leaning on the mantelpiece, and I heard him say, "Good God! good God! how was it I done it"—I said, "Done what, Mr. Bacon?" and he made no answer—nothing more passed on that occasion—it was between 3 and 4 o'clock in the morning—he always sat up of a night the same as I did—he never went to bed, not any night that I was there—this was before the funeral—the bodies of both the children were then up stairs in the back room—we were in the back parlour—about the third day that I was there he directed me to go and look in the coal cellar for a watch—I went and looked and found a watch there—I told him so—at the time he used this expression, I was sitting by the side of the fireplace reading—he could see that I was there.

Cross-examined by MR. METCALFE. Q. At the time when he said this, was Mrs. Monro there? A. Yes; she was asleep in the same room—I certainly told the policeman when this was first mentioned to me that I could not tell whether Mrs. Monro heard the expression or not—I did not mention it to anybody till I told inspector Young of it when he came after me—that was three or four weeks afterwards—I think this was on the third night that I had been sitting up—I went there to take care of the house with the children, to sit up as nurse—that was my business—I had refreshment allowed me during the night—I had nothing but tea except my supper—I had no spirits during the time I was there—I am quite sure I had no gin in the night, nor in the day either—I had porter for my supper—I

had gin once while I was there—that was the day of the funeral—the words he used were, "Good God! good God! how was it I done it?"—it might have been, "Good God! good God! how was it done?"—the words were "Good God! good God! how was it I done it?"—it was not "How was it done"—I never repeated those words to Mr. Young—I said as I said just now, it was "Good God! good God! how was it I done it?"—I will undertake to swear that the word "I" was used—I undertake to swear that the words were "How was it I done it?"—I said nothing about it for three or four weeks, because I was not asked anything about it till inspector Young came—I did not tell anybody till I told Mr. Young.

MARY PEARSON . re-examined. I was not at home on the Sunday till about 10 o'clock—I slept at home on Sunday night.

MARY SERGEANT. re-examined. I do not remember that I heard the children cry on the Sunday—I cannot say whether I did on the Saturday—I cannot name any particular day.

JOHN LATCHFORD . re-examined. I did not hear the children cry on the Sunday—I cannot say for certain whether I did on the Saturday.

THOMAS FULLER BACON— NOT GUILTY .

MARTHA BACON— NOT GUTLTY., on the ground of insanity. Ordered to be detained until Her Majesty's pleasure be known.

Reference Number: t18570511-650

650. THOMAS FULLER BACON was again indicted for the wilful murder of Sarah Ann Bacon.

MR. BODKIN offered no evidence.

NOT GUILTY .

Before Mr. Common Serjeant.

Reference Number: t18570511-651

651. JAMES GUNN (42) , Stealing, on 25th March, 7 shawls, value 7l.; also, on 26th March, 39 pairs of gloves, value 6l.; also, on 27th March, 2 pieces of silk, and other goods, of John Hopkins and others, his masters.

MR. SLEIGH. conducted the Prosecution.

JAMES PEGGS . I am one of the firm of John Hopkins and others—we are drapers and silk mercers in Shoreditch—the prisoner has been in our employ seven or eight years as shop walker—he was a person in whom considerable confidence and trust was reposed—he was the most confidential person we employed—in consequence of some information that was conveyed to me, I asked him whether he had any objection to my going to his house at Norwood—his wife keeps a shop there—he was in the habit of purchasing goods in our establishment from time to time—on his purchasing them it would be the duty of the clerk to enter them in our books—he had no authority to take any goods without their being reported by him to me or our clerk, and their being entered—there is one clerk in particular, Mr. Harber, to whom always it was his duty to state the goods he was about to purchase, and it was Mr. Harber's duty to enter them in the book that the prisoner had—without that the prisoner had no right to take them away—I accompanied the prisoner to his shop at Norwood—it is respectable, but comparatively a small one—I went with our clerk, Mr. Harber, and he took his book with him, which contained the prisoner's account—on entering the shop, I gave the prisoner's wife to understand that I had some painful business to state respecting her husband—that I had to bring a very grave charge against him, and I should be very glad if I could be satisfied as to the nature of the charge—I came down to the shop, and I took down from a line seven shawls—I folded them up, and I said to Mr. Harber, "Just turn to the account, and see if these are entered"—he did so, and he stated,

"They are not entered"—I said, "Be particular; loot again"—he looked again, and handed the book to me, and said, "Do you look, Sir"—I did so, and they were not entered—the remark was then made to the prisoner, "How can you account for these?"—he said, "I suppose they were entered as dresses"—T said, "See if you can find anything to correspond with these"—he did, but he could not—we made a further search, and found these gloves, which I immediately recognised as our property—we examined the account, and these gloves had not been entered to the prisoner—I saw the gloves found under the window board in the window—I said to the prisoner, "Can you explain this?"—he could give me no account—he did not say anything—there were other articles found—some silk handkerchiefs, some muslin trimmings, and a quantity of ribbons—the prisoner was not present when the ribbons were found; they were found on a second visit—on the first examination I offered the book to the prisoner, and said, "Will you search for yourself)"—that was with reference to the handkerchiefs and shawls—I think he looked in the book—he did not show me any entry at all—it was on 22nd April I went to Norwood—the goods are here—I have looked at them, and can swear to them—here ore our special tickets on them—if we had sold these things, these tickets would be removed—here is the private mark in my own handwriting—I have never sold these goods to the prisoner—on these gloves here is our private mark—here is a peculiarity about the tops of these gloves which has only been introduced in the market since Feb., and we have not entered any gloves to the prisoner since Nov.—these gloves came into our stock in Feb.—these silk handkerchiefs have our mark on them—I never sold any of these goods to the prisoner.

Cross-examined by MR. COOPER. Q. The ribbons were found in the library at your house? A. Yes—I did not mention them to the prisoner—we had one clerk who died—I think another did not leave us lately—when we reached the shop at Norwood the prisoner said, these must have been entered as some other articles—it was the custom in our shop, when any person purchased anything, to bring the goods to Mr. Harber to enter them—I did not hear that many did not do that in the prisoner's time—I know there are many errors made—the prisoner did not say, that very often when he purchased goods, a piece of paper was put over for me to sign—he has been in our employ seven or eight years—he has laid out large sums of money with us—on the morning when I asked him whether I might go to Norwood, he immediately said, "Yes"—he did not know at that time that Mr. Harber was going with him—he knew it afterwards—we all went together—I went up first to speak to his wife—he was present—I wished him to be present with his wife, which he was—there was not a policeman there—the prisoner staid in the room the whole time, a quarter of an hour—when I went down, I observed these shawls hanging in the shop—there were the private marks on them, they are on pieces of card—there are no shawls entered in the book similar to these—there are three shawls entered, but very different to these—they were Paisley shawls, and these are tissue shawls—these gloves were under the window board.

MR. SLEIGH. Q. Was there any time for the payment of the prisoner's account? A. He paid us by instalments, 10l. or 20l. as might be convenient to him—three shawls are entered to him, but they are different to these—we have never sold the prisoner any shawls of this description—these have only been offered to the public about six weeks, and since that we have never sold to the prisoner any shawls at all.

GEORGE HARBER . I am clerk to the prosecutors. It was my duty to

enter in a book any goods bought by the prisoner—I do not sell goods at all—I have never entered to the prisoner any of the goods which are now produced—the prisoner has never reported to me that he had bought any goods of this nature—I took the book with the prisoner's account to Norwood—I have heard what Mr. Peggs has stated—I found the gloves under the window stall board, behind some lumber—I showed them to a person who was with me, and put them back again—I showed them to Mr. Peggs—I heard him ask the prisoner what gloves he bad, and he produced some—that was before these gloves were found—when these gloves were shown to the prisoner, he called his wife and asked her if she knew how they came under the window—she said she did not know—he did not give any account of how they came there, or give any explanation about them.

Cross-examined by MR. ROBINSON. Q. I suppose the wife was very much excited? A. I thought she was—I had not been away from my duty before this—I had been out occasionally—my duties were rather increased by the death of a clerk, whose name was Middleton—he made entries when I was absent—that would happen about once a month—there is one other person, who would have to enter when I was out; his name is O'Neil—no other person would enter—there was one other, of the name of Boyes; he has made two or three entries—if he made them, he made them in course of his duty, which prevented other persons from "masking them—the prisoner purchased between 200l. and 300l. worth of goods in the last twelve months—he may have paid 400l., I cannot tell.

MR. SLEIGH. Q. When did Middleton die? A. From two to three months ago—he left our employ on 17th or 18th Dec—I have looked at the entries which Boyes and O'Neil have made—here are in this book, which contains the prisoner's account; entries of mine and O'Neil, one or two of Boyes, and perhaps a few of Middle ton's—everything that the prisoner had, ought to have been entered in this book—the person who selected the goods would report to me what the prisoner bought, and I should enter them—the last entry by O'Neil is on 21st April, 4l. 4s. 4d., for seven falls, one dress, three half pieces of ribbon, and two dozen of fringe—the last entry by Boyes was on 1st Jan.

MR. ROBINSON. Q. Have you always put down the entries at once in this book? A. There may have been exceptions—I once put it down on a bit of paper, and afterwards copied it in the book—that was on 21st or 22nd April—the books were locked up, and the young man who selected the goods came to me and said he had found a bunch of violets which belonged to Gunn, which he wanted to take with him, and I entered it on a paper—I think that was the only time; I may have done it before, but I do not recollect it—I do not believe I did—I have to make a great many entries in this book.

MR. SLEIGH. Q. By whom was this paper written? A. By myself—it was one bunch of violets—it was on Saturday night, and I entered it in the book on Monday morning—it is not regular for persons to select goods after hours—I do not know when these were selected.

GEORGE STABNES . I have been in the employ of the prosecutors for nearly five years.

Cross-examined by MR. ROBINSON. Q. Have you ever taken orders from the prisoner? A. Yes, and served him with goods—I have put them down on a piece of paper, and afterwards told Mr. Harber; twice, perhaps, in the last twelve months, I do not recollect—once, I recollect clearly, it was just after 1st March; I had bought a quantity of bunches of artificial flowers,

the prisoner asked to have some, and he selected about twenty bunches—he said, "Make a list of them, and keep them for me"—I made the list, and kept it till he had some more goods about a week afterwards; and as he was having more goods, I gave the list to Harber.

MR. SLEIGH. Q. Were any goods taken away by the prisoner without being duly entered? A. No, certainly not; I never sold him any goods of the description of those produced.

COURT. Q. The shopmen sold the goods; and, when they sold them, did they make any entry on a bill? A. No; when goods are sold, they are put opposite the desk—the person who sells them goes with them, and says, "These are for so and so"—ready money customer's transactions are not entered; they are written on a bill headed by the shopman, which is examined by the shop walker.

MORRIS HARDING . (Policeman, P 244). I took the prisoner into custody.

COURT. to MR. PEGGS. Q. How many shopmen have you? A. About twenty-five—any of them might sell to the prisoner—the prisoner would not have an opportunity of selecting goods himself, certainly not; but the shopman would, and he would then take them to Harber to enter them—the prisoner had the opportunity of seeing this book when he liked.

JURY. Q. Was any invoice given to the prisoner of what he purchased? A. No; originally he had invoices, but for the last twelve or eighteen months he has not—he had them originally, but he destroyed them, and said, "I don't want them." (The prisoner received a good character.)

GUILTY.—Recommended to mercy by the Jury. Confined Eighteen Months.

Reference Number: t18570511-652

652. SARAH MORTLAKE (44) , Unlawfully uttering counterfeit coin.

MR. CLERK. conducted the Prosecution.

CHARLES WILLIAM BOND . I keep an eating house in Long Lane, Bermondsey. I know the prisoner by sight—about a month or five weeks before 4th May she came between 7 and 8 in the evening, and had something which came to 5d.—she gave me a shilling—I found it bad, and returned it to her—she opened a paper, and gave roe another, a good one; she said she had taken it from her husband, who bad taken it for wages—on Monday, 4th May, she came between 7 and 8 o'clock in the evening—she called for a basin of soup and a slice of bread and butter; it came to 3d.—she gave me a sixpence, which she took from a small paper packet, which she took from her pocket—I laid it in the bar—I gave her 3d. change—she then left the house—after she was gone I took up the sixpence from the slab where I had lain it, and found it was bad—I think I had served a boy with a pennyworth of pudding, but I had taken no silver after what I took of her—I put it back on the marble slab again—I afterwards saw the prisoner pass by the window two or three times, looking in each time—she then came in again, and asked for a penny roll—I served her, and she gave me a sixpence that she took from the paper parcel again—I took it in the bar, and found it was bad—I told her it was bad, and I said, "You were in twenty minutes ago, and gave me another bad sixpence"—I said, "These are the two sixpences you gave me"—she said she had not been in before—I took her to the box, and showed her the basin and the plate where she had had her soup—she still denied it, and said she had not been in before—I told her she had, and that she had been in my house six weeks before, and given me a bad shilling, and I had let her go, thinking she was a respectable woman—I called a constable, and gave her into custody, and gave the bad money to him—I am sure she is the woman.

Prison. I own I went in with the sixpence for the roll, but I had not been in before.

GEORGE NICOL . (Policeman, M 128). The prisoner was given into my custody, and I produce these two counterfeit sixpences, which were given me by the last witness—there was 4s. 10d. in silver found on her, and 9d. in copper.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These sixpences are both bad.

Prisoner's Defence. I have worked for Mrs. Rowcroft the last four or five months—she promised she would be here—I work hard for my living—it is not likely I should offer two bad sixpences if I had known it—I offered one, and did not know it was bad.

GUILTY .— Confined Four Months.

Reference Number: t18570511-653

653. ELIZABETH WELLER (30) was indicted for a like offence.

MESSES. CLERK. and POLAND. conducted the Prosecution.

CHRISTIANA TAYLOR . I am a milliner, and live at Richmond On Tuesday, 21st April, the prisoner came to my shop about 6 o'clock in the evening, she bought some tulle and some flowers, which came to 1s. 5d.; she gave me in payment a sovereign, I gave her 18s. 6d. in change, and a penny—I put the sovereign into my purse with some silver, but not any other sovereign—when I gave her the change she went out very hastily—she did not stay to fasten her purse—immediately afterwards I looked and discovered the sovereign was bad—I gave it to the constable.

WILLIAM ARTHUR . (Policeman, V 284). I was on duty at Richmond on 21st April, I received information from Miss Taylor at a little after 6 o'clock—I went in search of the prisoner, I found her opposite the railway station, 200 or 300 yards from Miss Taylor's—I asked her to walk with me, which she did, and I took her to Miss Taylor's—she said the prisoner had given her a bad sovereign—the prisoner said, "Have I? I did not know it was bad"—she produced a purse from her pocket, I looked at it, and it had in it 2l. in gold, and 1l. 10s. 6d. in silver—some copper she bad loose in her pocket, and six metal table spoons, and six metal tea spoons—I have made inquiry, but have not found the person who sold her them—she gave the name of Elizabeth Brown at Miss Taylor's, and the sergeant at the station asked her her name, and she gave the name of Weller—Miss Taylor then said she gave the name of Brown—the prisoner said, "I don't know how I could give the name of Brown, my name is Weller"—I have ascertained that her light name is Brown.

Cross-examined by MR. SLEIGH. Q. Have you ascertained that she is married? A. Not rightly—I believe she is married—she gave her name since as Brown—she told me about Mr. Tread way, a fishmonger at Brentford—I went and found him there.

WILLIAM WEBSTER . This sovereign is bad—it is very light.

(The prisoners statement before the Magistrate was hart read, as follows: "I took two sovereigns of Mr. Treadway, a fishmonger at Brentford, on Monday last; it was a mistake for me to give the name I did").

NOT GUILTY .

Reference Number: t18570511-654

654. EMMA SMITH (19) was indicted for a like offence.

MR. POLAND. conducted the Prosecution.

MARY ANN ROSE . I live at Bermondsey. On 28th April the prisoner came to my shop between 8 to 9 o'clock in the evening, she purchased a

skein of cotton, which came to 1d., and gave me a sixpence—I examined the sixpence as I had rather a suspicion about it—she said she hoped it was good—I said, "I hope it is"—I gave her change and put the sixpence into the till by itself—there was no other sixpence there—she left the shop, and a boy came in and said something to me—I looked at the sixpence and it was bad—I gave it to my son, and he followed her.

CHARLES ROSE . On 28th April I saw the prisoner in my mother's shop—when she left, my mother gave me a bad sixpence—I went after the prisoner and found her in Great York Street, walking in company with two men—I followed her about a quarter of a mile to Mrs. Steel's shop—she went in alone—I watched her through the window and saw her attempt to pass another coin—I went to the door and heard Mrs. Steel say, "This is a bad one"—a constable was sent for and the prisoner was given into custody—I gave the constable the sixpence which the prisoner gave my mother.

ELIZABETH STEEL . I am a dress maker, and live at No. 18, Oakey's Row, Dockhead. On 28th April the prisoner came to my shop a little before 9 o'clock in the evening, she asked for a skein of cotton, which was 1d., and gave me a bad sixpence—the last witness came in, and in consequence of what he said I gave the prisoner into custody—I bent the sixpence and gave it to the constable—-the prisoner said, "Don't disfigure it, give it me back; I know where I have taken it"—I said I was not justified in giving it her back again.

ISAAC SHERRIN . (Policeman, M 131). The prisoner was given into my custody—I produce a sixpence I received from Rose, and one from the last witness—I took the prisoner to the station, she was searched, but nothing found on her.

WILLIAM WEBSTER . These are both bad and cast in the same mould.

Prisoners Defence. I had both the sixpences given to me, I was not aware they were bad.

GUILTY .— Confined Three Months.

Reference Number: t18570511-655

655. JAMES HARRIS (21) was indicted for a like offence.

MR. POLAND. conducted the Prosecution.

JOSEPH NELSON HOLE . I am a butcher, and live at No. 78, Lower Marsh, Lambeth. On Saturday, 25th April, the prisoner came to my shop and bought some meat—it came to five pence or seven pence, and he tendered me a counterfeit florin—I broke it in two pieces—I gave him one piece, and the other fell on the floor—my shopman, Curtis, said to me, "Examine that crown piece that you took just now"—I looked in the till and found a counterfeit crown—I followed the prisoner and overtook him, and brought him back to the shop—I said to him, "Where is your pal that passed the bad crown piece just now"—he said, "I have no pal"—I said, "Where is that bad florin"—I took his hand, and took from it the piece of the bad florin which I had given him—I gave him into custody—I returned from the station and examined the shop, and found the other part of the florin on the floor—I had received the crown piece five or six minutes before I received the florin—it was paid in purchase for some pieces of meat which came to five pence or seven pence—I gave change for it, and put the crown in a bowl in the till—I gave the pieces of the florin and the crown to the officer.

BENJAMIN CURTIS . I am shopman to the last witness. On 25th April, I saw the prisoner outside the shop, and a man with him—they came up to the shop front together—the other man came in the shop and bought some meat, and tendered the 5s. piece—the prisoner stood outside looking about—I saw

the man give my master the crown piece, and saw my master give him the change; and he then left—the prisoner joined him, and they walked away together—the prisoner came to my master's shop about five or six minutes afterwards—I saw my master serve him with some meat, and he gave a florin in payment—I made a communication to my master—I did not see the other man when the prisoner came in.

THOMAS CROSSCALL . (Police sergeant, L 40). I received the prisoner in custody and took him to the station—I searched him and found on him 1d.—I asked him where the pal was that passed the 5s. piece before—he said he had no pal at the shop of Mr. Hole; but he was drinking with a man at the Pear Tree public house, and they had a quartern of rum, and he tendered half a crown, and they gave him a 2s. piece and a 1d. out, and he did not know that the 2s. piece was a bad one—he said he did not know the name of the man he had been drinking with, nor where he lived, but he worked over the water—I received these pieces of a florin and this crown from Mr. Hole.

COURT. Q. Where is the Pear Tree public house? A. It is nearly opposite the Victoria Theatre—I went there, but I could not learn anything about the prisoner.

WILLIAM WEBSTER . These are both bad.

Prisoner's Defence. I knew nothing about its being bad; I went to the Pear Tree, and was drinking with a young man; I gave the half crown, and they gave me the 2s. piece and a penny; the policeman knows my character.

THOMAS CROSSCALL . re-examined. I went and made some inquiry at the prisoner's request—I found that he had been at work at the Monmouth Arms public house, in Union Street, two months.

GUILTY .— Confined Four Months.

Reference Number: t18570511-656

656. MARY ANN BROWN (17) , Burglariously breaking and entering the dwelling house of John Ridge, and stealing therein 2 gowns, 2 capes, 1 victorine, and 1 pair of boots, value 10s.; the goods of David Budd.

ELIZABETH BUDD . I am the wife of David Budd, and live at No. 26, lion Street, New Kent Road. I was disturbed early on the morning of 18th April, between 5 and 6 o'clock, by hearing a large box drawn from under the bed—I said, "Who is there?"—and on looking up, I saw the pegs behind the door were bare of the things which were there the night before—I heard some one run down stairs—I went down, but saw no one—I saw the door of the children's room open—I found nobody—when I came down again, the landlord's boy called out, "Father—I went down and found in the passage the landlord and the prisoner—the landlord's name is Ridge—the prisoner asked the landlord to let her go out—he would not; and he unbolted the front door and gave her in charge—she said that our door was open, and she ran in for protection—when the landlord's little girl came out she said, "I let her in last night, she knocked at the door and asked for the lady up stairs"—she said this in her presence—I missed two mantles, a boa, and a pair of boots—I have seen them since—they were found underneath the children's bed—not removed from the house—I never saw her before.

JOHN EDWARD RIDGE . I live at No. 26, lion Street, New Kent Road. I am the son of the landlord—my father is here—I was awoke that morning—I saw the prisoner come from the head of my bed early in the morning—I saw my father stop her.

JOHN RIDGE . I was disturbed on 18th April—I stopped the prisoner

from going out—she wanted to go—I found my front door bolted inside—I heard what my little girl said to her about having let her in the night before—she said nothing.

MARY ANN RIDGE . I know the woman—she knocked at the door on the Friday night, the night before we were disturbed—I did not know her then—she said, "Please, I want the lady in the front room"—I said, "I will call her"—she said, "No, I will go up"—I said, "I had better call her, in case she might be in bed"—she said, "No, I will go up;" and she went up—I saw no more of her till the next morning.

JOHN RIDGE ., re-examined. I bolted the door the night before—I did not know that the prisoner was in the house.

DAVID HATTERSLEY . (Policeman, P 292). I was sent for to take charge of the prisoner—I took her into custody—she said that she was very sorry, and hoped they would forgive her. (Two of the Jurymen gave the prisoner a good character.)

GUILTY.—Recommended to mercy. Confined One Month.

Reference Number: t18570511-657

657. GEORGE MOORE, alias Gaines (26) , Burglariously breaking and entering the dwelling house of Hannah Marsh, with intent to steal.

MR. SHARPE. conducted the Prosecution.

JOHN AVERY . (Policeman, L 155). I was at the corner of the Prince of Wales beer shop in Lambeth, at 2 o'clock on the morning of 15th April. I heard some glass breaking, and walked round and heard some one, as if inside—I called another constable, and then I saw the prisoner come from the roof of the skittle ground on to the wall—the roof of the skittle ground comes. down to the wall—he called out, "I am going to bed, good night"—I said, "Come down, you don't live there"—and when we got him down, I said, "I shall take you to the station house"—some other constables came and awoke the persons in the house—after I had taken him to the status, I went back and found that an entry had been made by removing part of the roof of the skittle ground—the glass was inside that, in the kitchen, it was the kitchen window—the skittle ground was completely covered in, and the sides of it were walls—the kitchen window was smashed—a pair of steps had been removed from where they were hanging up, and placed against the hole that had been made in the roof—I found on the prisoner a tobacco box, a duplicate, and some lucifer matches.

Cross-examined by MR. DOYLE. Q. Was there nothing taken? A. No—I heard thee prisoner moving about inside, but I could not see whether it was in the skittle ground or in the kitchen;—I could hear some one walking inside on the boards, the skittle ground is boarded—the wall is about seven feet from the ground—the eave of the roof came down to the inside of the wall, there is a gutter there also—there is no yard between the skittle ground and the house—the prisoner was taken to the station and examined there—there was no mark of dirt or scratches about him—the sash was driven completely in—there are six panes of glass—there are two sashes, they slide sideways, one was entirely broken in—I heard a breaking, I took bold of one of the prisoner's legs, and the other constable took the other, and we fetched him down—the man was not in the street when I got hold of him, he was on the wall—the man whom I saw on the wall did not get down and try to escape, because I had hold of him.

COURT. Q. Did you go back to look at this window? A. Yes—the sash itself was broken and all the panes of glass—it had fallen out of the frame—it had been forced, the bottom part was lying inside the kitchen—the other part was still hanging to the frame—there were no footmarks, for it is all

boarded—there was no mark of dirt as if from a person's feet—there was room enough for a person to get into the kitchen—it was about twenty inches wide—it was about three or four minutes from the time I heard the smash till I saw the prisoner, and during that time I heard the walking and called the other police constable.

MR. DOYLE. Q. I suppose you spoke as quietly as yon could? A. Yes—not so as any one inside could hear me—the prisoner was sober.

SIMEON WAGHORN . (Policeman, L 101). I was on my beat, and my brother constable said, "There is some one is her"—he was then standing by the corner of the Prince of Wales beer shop—it is a corner house—the door is at the corner, he was at the door, I was coming towards the corner—I heard a breaking of glass and a dog barking—we went to the back, and he said, "Here is some one"—I saw the prisoner standing on the wall, not in the road—I swear he was on the wall—I told him to come down, and he said he should not, and I got up, and we each caught hold of one of his legs and pulled him down, and took him to the station house—on his way he said, "I suppose you have your beer here?" and I Said, "Yes"—and he said, "I suppose you are paid for getting cases up?"—and I said "Yes" to everything he said—there were no marks of dirt on him—I did not find any implements about—there was no shutter up.

HANNAH MARSH . I am the landlady of the Prince of Wales beer house. The premises were ail fastened by me about 12 o'clock—the kitchen window was fastened by me—the prisoner was not on our premises, that I was aware of that night—I had two men lodging in the room under my bed room—they were gone to bed—there were no persons in the skittle house—the kitchen joins on to the rest of the house, and there is a bed room over it.

Cross-examined. Q. Was the window fastened? A. Yes, it was kept fast, it had been nailed up for some time.

JURY. Q. Was it an old sash? A. I cannot say, it did for the use of the house.

JURY. to JOHN AVERY. Q. Was there any way to get to that window except through the roof of the skittle ground? A. No—there were four tiles taken off—they were placed two on each side of the hole.

GUILTY. of attempting to commit a Burglary; he received a good character, but William Romaine, Policeman, L 14, produced a former conviction, which was not put in, he being only convicted of a misdemeanor.— Confined Twelve Months.

Before Mr. Baron Bramwell.

Reference Number: t18570511-658

658. JOHN SULLIVAN (17) was charged on the Coroner's Inquisition with feloniously killing and slaying Isaac Rummins.

MR. PAYNE. conducted the Prosecution.

PATRICK DOWLING . I live in Brown Bear Alley, East Smithfield. I knew the lad Isaac Rummins, and Joseph Abrahams, and John Carpenter—I remember when those three lads and I were in Butler's Buildings—I do not know what day it was; it is about a couple of months ago, we were playing together—I saw the prisoner standing by the One Crown public house—there was another boy there that I did not know—he was not one of our party; he called Sullivan a name, and Sullivan came over and hit him twice in the face—Rummins laid down, and Sullivan kicked him three or four times, I do not know in what part—Rummins began to play after he had the kicks, and he said, "I have got a pain in the place where Sullivan kicked me—he was hardly able to walk; in about ten minutes after he

felt the pain he went home—after Sullivan had struck and kicked him he went home—I had seen Sullivan before—I ran down Butlers Buildings, Sullivan ran after me, and kicked me on the leg, and threw me down.

Cross-examined by MR. SHARP. Q. How many were there? A. Five or six of us—there were several round Rummins when Sullivan kicked him—no other boy kicked him but Sullivan, the others were standing round, looking at him—Rummins played about afterwards for about five minutes—he did not make a complaint—he then went away, he could hardly walk home—there were not several boys with stones, Rummins had a stone—he hove it at Sullivan; I cannot say whether he hit him—that was after Sullivan had kicked him—he did not throw a stone before—only one boy had a stone, that was Rummins—they had no bricks.

JOHN CARPENTER . I live in Butler's Buildings. I knew Rummins; I was playing with him, and some more boys—I know Sullivan, he is bigger than Rummins was—I was playing with Rummins and the other boys, and Sullivan was over on the other side by the public house—a boy came along who did not belong to our party, and he called Sullivan names, and So Sullivan came to Rummins and hit him twice and kicked him close to his side, while he was lying down—he kicked him more than once—he said to Rummins that if he caught hold of him he would jump on him—Sullivan walked away—Rummins got up, and took a lot of stones and threw at Sullivan—I am sure that was after Sullivan had kicked him—he had not done anything to Sullivan before he hit him and kicked him—Rummins went home after a while.

Cross-examined. Q. Where was the other boy that called Sullivan names? A. He was going by the Buildings—he was close by us when he called the names—when Sullivan came to Rummins the other boy had gone on—when Sullivan came to Rummins he said, "I will pay you"—I saw Rummins throw one stone—I did not see any other boy with stones in his hand—there were two or three little stones about there—Rummins continued to play about half an hour after he was kicked—Sullivan kicked him on the outside of his thigh.

JOSEPH ABRAHAM . I was playing with these boys—I saw Sullivan kick Rummins when he was down on the ground, by the public house—he kicked him about the thigh.

Cross-examined. Q. Did he kick him inside the thigh? A. I do not know—I did not hear Rummins call Sullivan any names—I did not see Rummins with any stones or bricks in his hand, nor any other boys.

ELIZA RUMMINS . I am the sister of the deceased, his name was Isaac Rummins. I remember the day when this happened—it was on a Thursday—I saw my brother that evening—I had seen him about two hours before, when he went out—when he came home I did not see any difference in him—on the Sunday he complained of pain in his leg, and it looked bruised, very trifling—I asked him if he had had any fell—he said he had been kicked—I fomented his leg with hot water and flannels—I took him to the hospital on the following Wednesday, and got some lotion—I used it; it did not do him any good at all—I afterwards went to a doctor; he gave me some stuff to stop his sickness, he said he could not do anything to his leg, he must go to the hospital—I know Sullivan—in consequence of what my brother said, I went to him, and asked him how he could kick him who was only a child compared to him—he laughed at me.

Cross-examined. Q. How old was your brother? A. Fifteen—the kick was on his hip—Sullivan had been to our house about a week before—they

had a dispute—I am not aware that my brother called him some name—he did not throw a stone at him—I am not aware that my brother was in the habit of calling him names—my brother never complained of this till the Sunday—he complained of it all day from the first of the morning—it was on the Thursday it happened—he had not received any other injury to my knowledge—he said he had not.

GEORGE WILLIAMSON DANIELL . I am house surgeon at St. George's Hospital. I remember the lad being brought in on Wednesday, 25th March—he had an abscess over his right hip—it was opened by Mr. Burket, the surgeon, three or four days afterwards—that relieved the lad—the abscess continued to discharge very profusely—he gradually sunk, and died on 10th April—there was a post mortem examination—the organs of the body were healthy—I attribute his death to the abscess—a blow or a kick would have caused that abscess—I could see no natural cause to account for the death.

Cross-examined. Q. Do not you think that a fall on a stone or a brick would produce the same effects as you saw? A. Certainly, any blow would—I have not said that this abscess was of several weeks duration when he was brought to me—I do not remember it, it might have been—I never said so positively, if I did say it.

MR. PAYNE. Q. You would not say that it had not been of some weeks duration? A. No.

COURT. Q. Suppose a kick had been the cause of this, would the boy have been disabled at the time? A. I do not know that he would; he might go about for a short time, inflammation would come on next, and that would require a lotion—an abscess often does occur from a blow—I cannot assign any particular reason why if should have resulted in an abscess here—there was nothing peculiar in the place which would make an abscess likely to result from a blow there—it's not being attended to for some time might hasten the formation of the abscess—there was no constitutional cause to account for his death—the abscess was just below the right hip—suppose he got a kick on the Thursday, the first symptom would be a bruise.

GUILTY.—Recommended to mercy by the Jury, on account of the provocation. Confined Two Months, the last two days solitary.

Before Mr. Recorder.

Reference Number: t18570511-659

659. JAMES BROWN, alias Green (37) , Feloniously uttering a forged Bank note for 10l., knowing it to be forged.

MESSRS. GIFFARD. and BAILEY. conducted the Prosecution.

ROBERT EDWARD CLARK . I keep the Hop Pole, in William Street, Black-friars Road. On Saturday, 4th April, the prisoner came into my house between 7 and 8 o'clock—he asked me for change for a 10l. note for Mr. Speller, who is neighbour of mine—it happened that Mr. Speller was at that time in a room in my house—I took the note and showed it to him—in consequence of what he said, I came back with the note, and refused to give the prisoner change—he went away—I told him I had nothing but silver, and he said that would do—I said, "Well, I can't give you change"—I returned him the note, and he took it away with him.

Cross-examined by MR. LILLEY. Q. Is Saturday rather a busy evening? A. Yes—I did not know the prisoner before.

WILLIAM SPELLER . I am a smith, and live at No. 14, York Street, Blackfriars Road, near the Hop Pole. On 4th April I was in the parlour in the Hop Pole—the last witness showed me a 10l. Bank of England note—I

did not know anything about it—I bad not given the prisoner or any one authority to get change for that note—I do not know any other person of my name in that neighbourhood.

Cross-examined. Q. Do yon know the whole of that neighbourhood? A. No, but you will not find another person whose name is spelt in the same way in that street—there may be six or seven streets leading out of Blackfriars Road—I live in York Street, which is on the left side in going from the City—I have been there twenty years—I have known the prisoner by seeing him—he never worked for me, to my knowledge.

Prisoner. I have. Witness. I have no recollection of it.

JOSEPH PRIDGEON . I keep the Coachmakers' Arms, in Robert Street, Blackfriars Road. I suppose that is 200 yards from the Hop Pole. On Saturday evening, 4th April, the prisoner came to my house about half past 7 or a quarter to 8 o'clock—I had seen him frequently before—he lived in the neighbourhood—he brought in a piece of paper, and asked me if I would change a 10l. note for Mr. Perkins—I know Mr. Perkins, and have given him change—I do not know whether I have given him change for a note—I asked the prisoner to sign his name on the back of it, and saw him write on it, "James Green"—I gave him the change—I paid the note away in the course of business, and it was returned to me on the evening of Wednesday, 8th April—J went with the constable in search of the prisoner, and found him at the Prince and Princess, in Gravel Lane—I gave him into custody; he wished to know what for; I said, "You will learn when you get to the station"—I took him to the bar of the Prince and Princess—we had a glass of ale, and I asked him if he knew me—he said, "No"—I said, "Your name is Brown"—he said, "No, my name is Green"—nothing more passed at that time.

Cross-examined. Q. Had you known the prisoner before? A. Yes, about the neighbourhood—I have lived in that neighbourhood five years—I had seen him about—he had been a customer to me some few times—I did not know his same was Brown on 4th April—I might know a person for twenty years, and not know his name—I have a good many customers, I do not ask their names—I do not wish to know their names—I am quite sure I had not heard the prisoner's name before—I did not exactly know where he lived—I knew pretty well—I cannot tell whether his friends live in that neighbourhood, I know none of them—I know he lived in the neighbourhood somewhere—I may have seen him every day, walking about—persons sometimes play in my skittle ground without my seeing' them—he may have been in my skittle ground—I do not think he has since I have been in the house—After I gave him change, I did not see him again till I gave him into custody—I never left the house on that evening after I gave him change—I was in the bar the whole evening.

DANIEL PERKINS . I have known the prisoner for some years—I did not send him to the Coachmakers' Arms with a 10l. note for change—I did not give him authority to use my name.

Cross-examined. Q. Where do you live? A. No. 16, George Street—I do not know where the prisoner lived—I have seen him about for fourteen or fifteen years—I never heard any harm of him—I think he has been residing in the same neighbourhood.

WILLIAM ALDERSON . (Policeman, M 110). On 8th April, about 9 o'clock in the evening, I went with Mr. Pridgeon to several public houses in search of the prisoner—I went with him to the Prince and Princess public house, and the prisoner was there given into custody.

Cross-examined. Q. What was the first thing said to the prisoner when you found him at the Prince and Princess? A. He was asked by Mr. Pridgeon if his name was Brown—the Prince and Princess is about five minutes walk from the Hop Pole—the charge was not told to the prisoner at that time—when we got to the station, and ha heard the charge, the question was asked him, in my presence, about his signing his name—he said at once that that was his writing on the note—he said he had received the note from a man named Green, who was a fitter; that he did not know exactly where he lived, but he believed he had gone to Bristol; that Green owed him some money, and he got the note changed that Green might pay him.

PHILIP RAYMENT . (Police sergeant, M 22). I received the prisoner in charge on 8th April, from the last witness—I asked him his name—he said, "James Brown"—I received the forged note from Mr. Pridgeon; I produced it on the table before the prisoner, and asked him if this was his signature at the back—he said, "Yes, that is my signature"—I asked him who Green was—he said, "A fitter," or "A gas fitter"—he said he did not know where he lived; he had gone to Bristol.

Cross-examined. Q. Was not the form of expression he used that he believed be had gone? A. It might be "I believe," but to the best of my belief he said, "He is gone to Bristol."

JOSEPH BUMSTEAD . I am an inspector of notes to the Bank of England. This note is a forgery in every respect—it is not on Bank paper.

(The prisoner received a good character.)

NOT GUILTY .

Reference Number: t18570511-660

660. JOHN REEVES (47) , Robbery, with others, on Henry Benjamin Evans, and stealing from his person 1 purse, and 6s. in money; his property.

MR. W. J. PAYNE. conducted the Prosecution.

HENRY BENJAMIN EVANS . I am a surgeon, and live in Kennington Lane. On 3rd April I was coming along St. George's Read, about 2 o'clock in the morning—a woman accosted me—I could not get rid of her—she was very violent—I had been dining out, and was not perhaps compos mentis as I am at present, but I wanted to get rid of her—two men came up, and said, "What are you doing with that woman?"—I then thought I had been robbed, and I went to seize the woman, and was tripped up, and fell down, and cut my face and hands—when I got up, the prisoner was within arm's length of me—I seized him, and kept him till a policeman came—I had missed my pone before I seized the prisoner—I said to him, "You are one of the parties who have attacked and been robbing me"—he said, "No, I am not"—I could not identify him, and I let him go—I was going with the constable to give information of the robbery, and we went back and took the prisoner—he is the same person that I caught hold of the first time—he said, "I saw yon in the Wagon and Horses, treating a lot of girls and that is where you lost your purse"—I was never in the Wagon and Horses in my life—I had not been in any other public house in the neighbourhood that night—my purse has not been found.

Cross-examined by MR. RIBTON. Q. Had you all the appearance of having been at the Wagon and Horses? A. No—I had been to a public dinner—I went away, and left the prisoner—I found him very nearly in the same place where I left him—it might be five or seven minutes that I was away—I was tripped up behind, and fell forwards on my face—it was soon after I had pushed the woman away that the men tripped me up—it might have been three minutes altogether—I was going to seize her, and

the men separated us, and I was tripped up—I was not lying on the ground—the first man I saw when I got up I laid hold of—I saw one man running across the road to the left.

MR. W. J. PAYNE. Q. When you first charged the prisoner with knocking you down, did he say anything? A. He merely denied it—he said he had only come up at the moment.

RICHARD ANDERSON . I live at No. 6 1/2, Lyon Street. On the morning in question I was in St. George's Road—I got to the corner, and saw the prosecutor having hold of a young girl by the arm or wrist—I heard him exclaim, "Police! I have been robbed!"—two men were standing at the corner, about four yards from him—the prisoner was one of them—I heard one of them exclaim, "Let the girl go;" and one of them went and parted the prosecutor from her, and the girl ran down St. George's Road, and the prosecutor after her—the other man ran behind the prosecutor, and tripped him up—the prisoner was close behind the man who tripped the prosecutor up—I am sure the prisoner is one of the men who were there, but I did not see him do anything—he was standing there.

Cross-examined. Q. Is there a public house near there? A. No, it is a dead wall where I saw them—I am a hatter—I had been taking some refreshment—I had been in a public house a quarter of an hour or twenty minutes, not longer; they turned us out—I had been in another public house, in the Walworth Road, in the course of the evening—I had stopped in the first for two hours—I had not had much to drink, I am not very fond of it.

COURT. Q. Were you perfectly sober? A. I was sober.

CHARLES FLACKSTON . I am the waterman at the cab stand in St. George's Road. On the morning in question I was sitting in the box, at 10 minutes before 3 o'clock—I heard some one call "Police!" and saw two men on the pavement—I went, and they got up—the prosecutor was one—the prisoner was close by, and Mr. Evans collared him soon afterwards—I heard the prisoner say, "What do you collar me for? I have done nothing"—Mr. Evans said that he had been robbed—I asked him if he knew who robbed him—a policeman came up, and the prosecutor said, "This is a very nice thing, is it not, for a gentleman to walk along, and to be knocked down and robbed) I will go to the station, and let them know"—the policeman said, "I will go with you"—the prisoner said he had done nothing, and I heard him say at the station that he had been in the Wagon and Horses, and that the prosecutor was in there—he denied it.

WILLIAM TURNER . (Policeman, A 268). I heard a cry of "Police!"on the morning of 3rd April—I saw the prosecutor, and he had hold of the prisoner—the prosecutor said he had been robbed—the prisoner protested his innocence, and the prosecutor let him go—we went to the station, and then went back and took the prisoner—I had seen the prosecutor about five minutes before this occurred—he could walk very well—I could not say he was sober.

NOT GUILTY .

Reference Number: t18570511-661

661. RICHARD PITTS (26), BARNARD GREGORY (32), HENRY BROWN (17), JAMES HANDS (27), and ABRAHAM SHARP Burglariously breaking and entering the dwelling house of William Peterson, and stealing 139 yards of cloth, value 64l.; and other goods, his property.

MR. DOYLE. conducted the Prosecution.

JOHN BOND . (Police sergeant, P 2). On the morning of 22nd April, in consequence of information, I placed my men so as to intercept a cart at Peckham Rye—I went with another officer to High Street, Peckham—I

saw Pitts and Hands in a cart coming out of Marlborough Row—they turned to the right in High Street, towards Rye Lane—they drove about 100 yards, they then turned and came towards me—after they had passed me I called to Alpress, the other officer, and he stopped them—as he laid hold of the rein, I immediately got to the near side of the cart to prevent their getting out—another constable came up immediately—I asked the constables if they had seen these men, Pitts and Hands, before—they said, "Yes"—I then asked Pitts if it was his cart—he said no, it was one he had borrowed—I asked him for what purpose he had borrowed it—he said to give his wife a ride—I asked him where his wife was—he said that she was at home—I asked him what made him turn round so quickly—he said that he had taken a wrong turning—I said that it was strange that he should borrow the cart to give his wife a ride when he had got another man with him—he said that he had picked him up and given him a ride—I took Pitts and Hands to the station—I then went out and met Fitzgerald, who had got Brown in custody, and he was taken to the station—Gregory was taken afterwards—I went out and met Mr. Peterson coming to the station—I went to his house, and saw footmarks leading over to the second yard—they began at the back of Mr. Peterson's house—I saw the back parlour window open—the steps led from there across another yard at the back, and into a garden—there I saw the footmarks more plainly—in that garden I found these two coats, and following the footmarks, they led to the garden of an unoccupied house—I was then joined by the constable Phillips—in the unoccupied house I found nine remnants of cloth, two coats, a waistcoat, and some other articles—I compared the boots of Gregory, Hands, and Brown with the footmarks on the following day—Sharp was not in custody—I found the boots taken from Gregory and Hands corresponded with the footmarks in the garden—I made an impression by the side of the mark, and measured it very particularly—on Saturday last I saw Sharp in custody at Peckham Station—I spoke to him respecting this charge—he asked me if any of the others had pleaded guilty—I did not say anything about Mr. Peterson—I referred to what had occurred recently.

Pitts. Q. What time did you take me? A. About a quarter before 7 o'clock—in the charge in the book it is 10 minutes before 7 o'clock.

Gregory. Q. Will you swear that the boots I have got on made the mark? A. I say they correspond with the marks in the garden.

COURT. Q. How far is the place where you took Pitts and Hands in custody from Mr. Peterson's house? A. I should say 400 or 500 yards—I could trace the marks of several persons, but not so as to compare them with the boots, only those two—there appeared to be many more.

PHILIP ALPRESS . (Policeman, P 285). I was with the last witness when he stopped the cart, with Pitts and Hands in it—I afterwards went to, Rye Lane, and we met Gregory, Brown, and Sharp together, on the opposite side of the road—we allowed them to pass, and Fitzgerald followed them—I went round another way, and met them by the canal—I took Gregory; he resisted very much, and while I was struggling with him he attempted to use this life preserver (produced)—some assistance came, and I was able to get him to the station.

Gregory. Q. Did any person see me with this weapon? A. There were a great many persons round, I cannot tell whether they saw you take it from your pocket underneath; you made two attempts—I said, "What have you got there?" and I knocked your hand away, and then you got it out, and I caught your arm and you threw it over the wall—I found it

directly after you were taken—I told Mr. Silver you had thrown this away, and I said, "Now I will go and fetch this instrument"—I went down and found it—I saw you with it.

THOMAS FITZGERALD . (Policeman, P 170). I was with the last witness at the end of Rye Lane—I saw Gregory, Brown, and Sharp together—I followed, and took Brown; he made great resistance—I was thrown down, and severely injured, I am still unable to do duty—I kept him in custody.

Gregory. Q. How far was Brown off? A. He was two or three yards from you—he made off from the pavement to the road, and I took him there—you were walking, and all three talking together.

WILLIAM PHILLIPS . (Policeman P 228). On the morning of 22nd April. I was in Peckham Rye, at 10 minutes past 6 o'clock. I saw Pitts come up Rye Lane into Peck bam Rye, driving a horse and cart—he turned to the right hand side, and went half way up the Rye as far as the King's Arms—he then turned to the left, and crossed the road towards Nunhead—he then turned round, and came back again into Rye Lane—I followed him into Rye Lane, and there lost sight of him—I afterwards saw him in High Street, Peckham—he was driving the pony and cart, and Hands was sitting beside him coming towards Rye Lane—that was the time they were taken into custody—I went to the station with them—they were charged with loitering about—I searched them—I found a watch and a halfpenny on Pitts, and nothing on Hands—Brown was brought in directly after, and while the constable was searching Brown I saw him draw this piece of cloth from the front of his trowsers, and throw it away—I picked it up—I went to the prosecutor's house afterwards, and examined the premises—I saw the foot marks—I went to the empty house, and found this other property in two baskets, in an outhouse by the empty house.

Brown. Q. Did you find this piece of cloth on the floor or the form? A. On the form, on the top of your coat.

WILLIAM HAMMOND . (Police sergeant, P 25). I was at Peckham Rye Station on the morning of 22nd April. Brown was brought in, and I directed him to be searched—I saw him take this piece of cloth from his person, and he had on this waistcoat (produced)—I saw he had two waistcoats on—I asked him to show me the under one—he denied having but one—I undid his trowsers, and found this waistcoat concealed in them—he did cot give any account of it—I took it away.

FREDERICK GEORGE . I live at Peckham, and am a labourer. On the morning of 22nd April I met the five prisoners, at a quarter past 6 o'clock—four of them were walking, and Pitts was in a cart—they were in Rye Lane, opposite Mr. Order's shop, which is about 200 yards from Mr. Peterson's—the other four stopped, and spoke to Pitts in the cart—they then separated—the cart went the other way round, and came towards Peckham—the other four passed me in Rye Lane—I went down Hanover Street, and met them again—I am sure the prisoners are the men.

Pitts. Q. Was I standing still? A. You draw up to them.

Hands. Q. Was I in the cart? A. Not when I met you.

Doyle. Q. Do you know the unoccupied house? A. Yes, it is in Hanover Street—Bond's Place is in Rye Lane, and Hanover Street runs, out of it—it is the first turning out of Rye Lane—Mr. Peterson's house is about ten yards from the corner of Rye Lane—the things were taken over two walls to the unoccupied house, which is in Hanover Street.

Sharp. Q. Did you see me in Rye Lane? A. Yes; you were all four together, and all spoke to Pitts in the cart.

Gregory. Q. Do you say Pitts went down Hanover Street? A. You all went down Elms Road, which is the second turning in Rye Lane—I met you first in Rye Lane, near the bottom; I watched you as I thought you looked something wrong.

JOSEPH NICHOLLS . I am a gardener, and live in Rye Lane. I saw the pony and cart about 15 or 16 minutes after 5 o'clock that morning—it was at the corner of Hanover Street, which turns out of Rye Lane and runs round into Rye Lane again—the cart remained there till about 10 minutes after 6 o'clock—that was the last time I saw it—I saw the same cart afterwards with the police—I saw a man there I cannot swear to, but I have no doubt Pitts is the man I saw on the opposite side of the road—I live next door to the empty house—that n No. 1, and my house is No. 2, and exactly at 5 o'clock that morning I heard a noise in the passage or shed of that unoccupied house.

Gregory. Q. Did the cart remain there till past 6 o'clock? A. Yes, I went to work at 10 minutes past 6 o'clock—I cannot say whether the cart was there quite so late as that—at a few minutes past 6 o'clock it was there.

HENRY BEACROFT . I am a whitesmith. I was in High Street, Peckham, about 20 minutes before 7 o'clock that morning; I saw Sharp Brown, and Gregory—Sharp and Brown went into the Buffs Head, and called for a quartern of gin.

Gregory. Q. Will you swear that I went into the public house? A. No, Sharp and Brown went in—I had seen you with them before—I pointed out Hands in the confusion of the Court, but I corrected it afterwards.

COURT. Q. Did you point out the wrong person? A. I did—I pointed to Hands instead of Gregory—Bond said that I had pointed out the wrong man, and then I corrected it.

Hands. Q. Did you not swear that I was in company with Brown? A. I picked you out once through a mistake, I rectified it afterwards—I said that you changed your hat with another man, but it was a mistake.

WILLIAM PAYNE . I live at No. 10, Paragon Row, Lock's Fields. Pitts hired a pony and cart of me on 23rd March—it was the same that was produced by the police—he had it five times up to the robbery—he told me he was a greengrocer, and lived in East Lane—the last time he hired it was at 5o'clock on the morning of the robbery or five minutes past—I do not know what is the distance from my house to Mr. Peterson's.

SERGEANT BOND. re-examined. I should say it is two miles.

WILLIAM PETERSON . I am a tailor, of No. 2, Bond's Place, Rye Lane, Peckham. On 21st April, I went to bed between 12 and 1 o'clock—after I got to bed I heard a noise—it was very likely about 3 o'clock—I did not take particular notice of it—I had heard it previous to going to bed—I did not come down till about 25 minutes past 7 o'clock—I then found my house had been entered from the back parlour window—I cannot say that that window was secured when I went to bed, but it was shut down, and the shutters were closed—I found the cellaret open, and the drawers also—they contained wine—I went into my shop, and missed cloth and other things—this waistcoat was safe the night before in the same drawer with this piece of cloth—these other things were all safe, and more than these—what they took away, and what was moved, but left on my premises, was worth altogether about 80l.

Gregory. Q. What sort of ground is it at the back of your house? A. There

is pavement on the right hand, and there is ground—if you were to walk on the pavement it would make no impression, but on the ground it would.

Brown. Q. Do you fix the burglary at the hour of 3 o'clock? A. No—if I had supposed there were such characters as you there, I should have come down when I heard the noise.

Gregory's Defence. The only evidence against me is the stating that my foot marks corresponded with the foot marks in the garden, and there is no impression on the pavement.

Brown's Defence. On the day before this I met a man and he told me of a job at Peckham, and in struggling with the policeman I lost the note of where I was going; in going along, I found the piece of cloth and the waistcoat, and put them on.

Hands's Defence. The prisoner Pitts asked me if I would have a ride in the cart with him; I had never seen the cart before, nor been in his company, I had seen him with greengrocery; he asked me if I would have a ride; I said that I had no objection; I went with him to the parties' house where he got the cart, and then went with him to his house; his mistress was not ready to go, and he said, "We will have a drive by ourselves;" I got out, and he drove on; soon afterwards I got in again, and was with him till they apprehended me; as to the foot marks, I dare say where I got these boots there were fifty or sixty pairs like them.

Sharp's Defence.—I met those men that morning; I did not know them, but they asked me what time it was; they then said, "Come, take a walk with us;" I did so, and we walked on till they were taken, and I made off.

COURT. to SERGEANT BOND. Q. Are the prisoners' boots here? A. No; they applied for them, and they were given up to them—(Gregory and Hands took off their boots, and handed them to the witness)—here are nails in them, but they are so smooth that they would not leave an impression—these boots of Gregory's have a very small heel, and the depth of the heel in the ground was exactly like this.

Hands I have a witness to prove that I was in bed till 5 o'clock that morning.

SARAH GOSLING . (a prisoner). The prisoner Hands was in bed at 5 o'clock that morning.

COURT. Q. Was he living with you? A. Yes; he went to bed about 11 o'clock the night before—he got up the next morning about 5 o'clock, or 5 minutes past 5 o'clock—he was living in the London Road.

Cross-examined by MR. DOYLE. Q. Were you living with him as his wife? A. Yes—I do not know Rye Lane—he got up about 5 minutes after 5 o'clock that morning—it took him five minutes to dress—he went out and came in about half past 5 o'clock; he had his breakfast, which took about ten minutes—he left me about 20 minutes before 6 o'clock—I did not see in what direction he went—I do not know any of the other prisoners; I had seen them, but never was in company with them—I do not know Sharp—I know Caroline Johnson, I live next door to her—I do not know that Sharp lived with her.

PITTS and SHARP— NOT GUILTY .

GREGORY— GUILTY .

BROWN— GUILTY .*— Confined Eighteen Months.

HANDS— GUILTY .— Confined Twelve Months.

Gregory was also charged with having been twice before convicted.

WILLIAM ROMAINE . (Police sergeant, L 14). I produce a certificate—(Read: "Newington Quarter Session; William Malin, Convicted, Jan., 1848, of stealing a wooden box; Confined three months")—I was present—Gregory is the person—I also produce another certificate against him—(Read:

"Central Criminal Court; John Price, Convicted, Feb., 1851, of stealing a handkerchief having been before convicted; Transported for ten years")—I was present, Gregory is the man—he was discharged in 1855—he was tried in August, 1850, for a burglary, and acquitted—there are numerous other convictions against him.

GUILTY.— Transported for Fourteen Years.

(All the prisoners were again indicted, with CAROLINE JOHNSON . and SARAH GOSLING ., for stealing three metal boilers, value 6l.; and 11 cwt. of lead, value 14l.; the goods of James Jeffries, on which no evidence was offered.)

NOT GUILTY .

Reference Number: t18570511-662

662. WILLIAM O'SULLIVAN (20) , Breaking and entering the dwelling house of Walter Bousfield, at Camberwell, and stealing therein 1 watch, value 3l.; the property of William Rowe: to which he

PLEADED GUILTY .— Confined Two Years.

Reference Number: t18570511-663

663. JOHN BRYANT, Unlawfully obtaining goods by false pretences. ( No evidence was offered.)

NOT GUILTY .

ADJOURNED TO MONDAY., 15TH JUNE., 1857.


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